[2025] KEHC 4288 (KLR)
The court found that the applicant's bill of costs had been taxed and a Certificate of Taxation issued for Kshs.63,650.00. There was no evidence that the respondent had challenged, set aside, or altered the certificate. Section 51(2) of the Advocates Act provides that such a certificate is final as to the amount of...
Source-derived case information.
- Citation
- [2025] KEHC 4288 (KLR)
- Parties
- Applicant: Kinyua & Maingi Advocates; Respondent: Trident Insurance Co. Limited
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E078 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certified Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the certified costs, with interest and costs of the application.
- Judges
- RC Rutto
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment Entry, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua & Maingi Advocates
Applicant
Trident Insurance Co. Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certified Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the applicant for the certified costs as per the Certificate of Taxation.
- 2 Whether the respondent has challenged, set aside, or altered the Certificate of Taxation.
- 3 Whether the applicant is entitled to interest and 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 for Kshs.63,650.00. There was no evidence that the respondent had challenged, set aside, or altered the certificate. Section 51(2) of the Advocates Act provides that such a certificate is final as to the amount of costs unless set aside or altered. The retainer was not disputed, and the respondent failed to oppose the application or settle the certified sum. Accordingly, the court held that the applicant was entitled to judgment for the certified amount, costs of the application, and interest at 14% from the date of taxation until payment in full.
Court Disposition
Application allowed. Judgment entered for the applicant for the certified costs, with interest and costs of the application.
Orders
- Judgment is entered in favour of the applicant in the sum of Kshs.63,650.00 as against the respondent.
- The applicant is awarded costs of this application.
Full Case Text
Judgment text and source record
23 paragraphs
Kinyua & Maingi Advocates v Trident Insurance Co. Limited (Miscellaneous Application E078 of 2023) [2025] KEHC 4288 (KLR) (2 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4288 (KLR)
Republic of Kenya
In the High Court at Machakos
Miscellaneous Application E078 of 2023
RC Rutto, J
April 2, 2025
Between
Kinyua & Maingi Advocates
Applicant
and
Trident Insurance Co. Limited
Respondent
Ruling
1. The applicant’s Notice of Motion dated 18th December 2023 has invoked section 51 (2) of the Advocates Act seeking the following reliefs;1. That judgment be entered in favor of the applicant against the respondent for the sum of Kenya Shillings sixty-three thousand six hundred and fifty shillings only (Kshs.63,650. 00) being the certified costs due to the applicant as against the respondent;2. That the respondent does pay to the applicant the cost of this application together with interest on the taxed sum.
2. The application is supported by the grounds on the body of the Motion and the supporting affidavit of Anne N. Kinyua, an advocate practicing in the nature and style of the applicant. The gist of the Motion is that the respondent instructed the applicant firm to come on record and act for the respondent in Machakos CMCC No. E356 of 2021; Sabina Mukui Nzioki vs. Anthony Itumo Muema. The applicant contended that in spite of rendering its legal services, the respondent failed to pay legal fees. Consequently, the applicant filed its bill of costs dated 4th May 2023. The same was taxed on 9th November 2023 at Kshs.63,650. 00. A Certificate of Taxation was issued on 6th December 2023.
3. The applicant urged this court to allow the application as the Certificate of Taxation has not been appealed, set aside or altered by any court. In addition, in spite of being served with the Certificate of Taxation, the respondent has never settled that sum.
4. The application was unopposed. During its hearing on 3rd February 2025, the applicant satisfied this court that the respondent was properly served with the application. In the absence of the respondent, the applicant submitted that the application was merited. It prayed that the same be allowed.
5. Section 51 (2) of the Advocates Act provides:“The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
6. The taxing master’s ruling dated 9th November 2023 taxed the applicant’s advocate-client Bill of Costs at Kshs.63,650. 00. A Certificate of Taxation dated 6th December 2023 was issued. There is no evidence that the decision has been challenged by way of reference, varied or set aside. The application is merited.
7. Accordingly, judgment is entered in favor of the applicant in the sum of Kshs.63,650. 00 as against the respondent. The applicant shall also be awarded costs of this application and interest therein at the rate of 14% from the date the bill of costs dated 4th May 2023 was taxed, that is to say from 9th November 2023, until payment in full.
8. It is so ordered.
DATED AND DELIVERED AT MACHAKOS THIS 2ND DAY OF APRIL 2025. RHODA RUTTOJUDGEIn the presence of;Ms Kinyaa for the ApplicantSam Court Assistant