[2025] KEHC 6421 (KLR)
The court found that the applicant had obtained a certificate of costs for Kshs.757,823, which had not been set aside or varied. Under section 51(2) of the Advocates Act, the advocate is entitled to judgment for the amount certified. The respondent did not oppose the motion, and the court accepted the applicant's...
Source-derived case information.
- Citation
- [2025] KEHC 6421 (KLR)
- Parties
- Applicant: Kemboy Law Advocates; Respondent: Narok County Government
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E151 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Motion for Judgment on Certificate of Costs
- Outcome
- motion allowed; judgment entered for applicant as prayed
- Judges
- A Mabeya
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Certificate of Costs, Judgment Entry
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kemboy Law Advocates
Applicant
Narok County Government
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Motion for Judgment on Certificate of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment on the certificate of costs under section 51(2) of the Advocates Act.
- 2 Whether interest at 14% from 12/10/2023 until payment in full should be awarded.
Ratio Decidendi
The court found that the applicant had obtained a certificate of costs for Kshs.757,823, which had not been set aside or varied. Under section 51(2) of the Advocates Act, the advocate is entitled to judgment for the amount certified. The respondent did not oppose the motion, and the court accepted the applicant's averments as unchallenged. Accordingly, judgment was entered as prayed for the certified sum and interest as sought.
Court Disposition
motion allowed; judgment entered for applicant as prayed
Orders
- Judgment is entered in favour of the applicant for Kshs.757,823 as per the certificate of costs dated 26/9/2024.
- Interest at 14% per annum from 12/10/2023 until payment in full is awarded.
Full Case Text
Judgment text and source record
21 paragraphs
Kemboy Law Advocates v Narok County Government (Miscellaneous Civil Application E151 of 2023) [2025] KEHC 6421 (KLR) (19 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6421 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E151 of 2023
A Mabeya, J
May 19, 2025
Between
Kemboy Law Advocates
Advocate
and
Narok County Government
Client
(Arising from Kisumu Court of Appeal Civil Application No. 72 of 2020)
Ruling
1. This is a Motion on Notice dated 4/3/2025. It is brought under section 51(2) of the Advocates Act and seeks Judgment in terms of a Certificate of Costs dated 26/9/2024. There is also a prayer for interest on the Judgment sum at 14% from 12/10/2023 until payment in full.
2. There is a supporting affidavit of Jepher K. Kere sworn on 4/3/2024. He avers that a bill of costs was taxed at Kshs.757,823/- on 26/9/2024. That the Certificate of Costs for that sum was issued and has not been set aside. He prays for Judgment for that sum.
3. I have considered the record. I have seen the Certificate of Costs dated 26/9/2024. It is said not to have been set aside or varied. Under section 51 of the Advocates Act, an Advocate is entitled to judgment on a certificate of costs that has not been varied or set aside.
4. The Motion was served but not opposed. The Court therefore believes that the averments in the Supporting Affidavit are true.
5. Accordingly, the Motion dated 4/3/2025 is hereby allowed and judgment entered as prayed.Orders accordingly. File closed.
DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF MAY, 2025. A. MABEYA, FCI ArbJUDGE