[2025] KEHC 627 (KLR)
The court found that the Applicant's Bill of Costs had been taxed and a Certificate of Taxation issued, which had not been set aside or altered. There was no dispute as to the retainer or the amount due. The Respondent failed to pay the taxed costs despite demand and did not oppose the application. The court...
Source-derived case information.
- Citation
- [2025] KEHC 627 (KLR)
- Parties
- Applicant: Kinyanjui Njuguna & Co. Advocates; Respondent: Invesco Assurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E249 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
- Outcome
- application allowed; judgment entered for applicant
- Judges
- H Namisi
- Legal Topics
- Taxation of Costs, Advocate Remuneration, Certificate of Taxation, Judgment Entry, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyanjui Njuguna & Co. Advocates
Applicant
Invesco Assurance Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Legal Issues
- 1 Whether the court should enter judgment in favour of the Applicant based on the Certificate of Taxation.
- 2 Whether interest at 14% per annum from 4 February 2020 is payable until payment in full.
- 3 Whether the Applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the Applicant's Bill of Costs had been taxed and a Certificate of Taxation issued, which had not been set aside or altered. There was no dispute as to the retainer or the amount due. The Respondent failed to pay the taxed costs despite demand and did not oppose the application. The court exercised its discretion under Section 51(2) of the Advocates Act to enter judgment for the Applicant in the sum certified, with interest at 14% per annum from the date of the Certificate of Taxation until payment in full, and awarded the costs of the application to the Applicant.
Court Disposition
application allowed; judgment entered for applicant
Orders
- Judgment is entered for the Applicant against the Respondent in the sum of Kshs 496,486.70 as per the Certificate of Costs dated 4 February 2020.
- Interest is awarded at 14% per annum from 4 February 2020 until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
Kinyanjui Njuguna & Co. Advocates v Invesco Assurance Company Ltd (Commercial Case E249 of 2019) [2025] KEHC 627 (KLR) (Commercial and Tax) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 627 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Commercial Case E249 of 2019
H Namisi, J
January 31, 2025
Between
Kinyanjui Njuguna & Co. Advocates
Applicant
and
Invesco Assurance Company Ltd
Respondent
Ruling
1. By Notice of Motion dated 30 June 2023, the Applicant seeks the following orders:i.That the Honourable Court be pleased to enter judgement in favour of the Applicant herein, in terms of Certificate of Taxation dated 4 February 2020, in the sum of Kenya Shillings Four Hundred and Ninety-Six Thousand, Four Hundred and Eight Six, Cents Seventy (Kshs 496,486. 70);ii.That pursuant to Prayer (i) above, the Honorable Court be pleased to enter judgment/decreed for Kshs 496,486. 70 tabulated as hereunder;iii.That interest be provided for at 14% per annum from 22 December 2017 until payment in full;iv.That the cost of the Application be awarded to the Applicant
2. The Application is supported by the Affidavit sworn by Kinyanjui Theuri and premised on the following grounds:i.That the Applicant’s Bill of Costs in the above captioned matter has since been taxed;ii.That pursuant to paragraph (i) herein Certificate of Taxation has since been drawn, signed and issued;iii.That the Respondent has continually neglected and/or failed to pay legal fees duly earned despite demand and notice by the Applicant;iv.That the Respondent is facing a liquidity crisis and the recovery of funds is in jeopardy;v.That the instant application is necessitated by the fact the financial liquidity of the Respondent is unknown vis-a-vis in question;vi.That an Advocate is legally entitled to fees duly earned in the course of service in line with the Advocates Remuneration Order;vii.That the Respondent does not dispute the fees;viii.That the instant application is made in the sole interest of justice and in due realization of legal fees earned by the Applicant;ix.That if the court fails to grant the orders sought herein, the Applicant is likely to suffer gross prejudice as the financial liquidity of the Respondent is in question.
3. Parties were directed to file submissions. Despite being accorded an opportunity to do so, the Respondent did not file submissions herein.
4. The Application is brought under Section 51(2) of the Advocates Act, Cap 26 and Rule 7 of the Advocates Remuneration Order, 2009. Section 51 (2) provides as follows:Pursuant to the provisions of Section 2 of the Advocates Act –“Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.
5. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held thus:“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit.....”
6. Having read the Application, Supporting Affidavit as well as the attached documents, I am of the considered view that the same is merited. The Application is allowed and I make the following orders:i.Judgement is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 4 February 2020 for Kshs 496,486. 70. ii.Interest thereon is awarded at the rate of 14% per annum from 4 February 2020 until payment in full.iii.The Applicant is awarded costs assessed at Kshs 30,000/=.
DATED AND DELIVERED AT NAIROBI THIS 31 DAY OF JANUARY 2025HELENE R. NAMISIJUDGE OF THE HIGH COURTDelivered on virtual platform in the presence of:Mr. Mabeya.........for the ApplicantN/A.............for the RespondentLibertine Achieng .......Court Assistant