[2025] KEHC 9062 (KLR)
The court found that the applicant's bill of costs had been taxed and a Certificate of Taxation issued. There was no evidence that the certificate had been challenged, set aside, or altered by any court. The respondent, despite being duly served, did not oppose the application or attend the hearing. Section 51(2) of...
Source-derived case information.
- Citation
- [2025] KEHC 9062 (KLR)
- Parties
- Applicant: Kinyua & Maingi Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E211 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certified Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs, with interest and costs of the application
- Judges
- RC Rutto
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment Entry, Uncontested Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua & Maingi Advocates
Applicant
Trident Insurance Company 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. There was no evidence that the certificate had been challenged, set aside, or altered by any court. The respondent, despite being duly served, did not oppose the application or attend the hearing. Section 51(2) of the Advocates Act provides that such a certificate is final as to the amount of costs, and the court may enter judgment for the certified sum where the retainer is not disputed. The court was satisfied that the application was merited and entered judgment for the applicant in the certified sum, together with costs of the application and interest at 14% from the date of...
Court Disposition
application allowed; judgment entered for applicant for certified costs, with interest and costs of the application
Orders
- Judgment is entered in favour of the applicant for Kshs 120,900 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 Company Limited (Miscellaneous Application E211 of 2024) [2025] KEHC 9062 (KLR) (19 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9062 (KLR)
Republic of Kenya
In the High Court at Machakos
Miscellaneous Application E211 of 2024
RC Rutto, J
June 19, 2025
Between
Kinyua & Maingi Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. The applicant’s Notice of Motion is dated 11th February 2025. It has invoked the provisions of section 51 (2) of the Advocates Act seeking:1. That judgment be entered in favor of the applicant against the respondent for the sum of One Hundred and Twenty Thousand, Nine Hundred Shillings (Kshs 120,900/-) only 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 Ann Kinyua, an advocate practicing in the nature and style of the applicant. The gist of the Motion is that the respondent herein instructed the applicant to come on record and defend it in Machakos CMCC No E224 of 2022 Peter Nzioka Muia vs Dennis Mukuna Kyuthi. The applicant contended that in spite of rendering its legal services, the respondent failed to pay legal fees. In the circumstances, the applicant filed its bill of costs dated 19th October 2023. The same was taxed on 28th November 2024 at Kshs. 120,900. 00. A Certificate of Taxation was issued on 17th December 2024.
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 and proceeded to a hearing on 2nd April 2025. After reviewing the Return of Service sworn by Simon Mutinda James on 10th March 2025, the court was satisfied that the respondent had been duly served with both the application and hearing notice, but failed to attend court. The application thus proceeded for hearing in the absence of the respondent’s. The applicant urged this court to allow the application as prayed.
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. In the ruling dated 28th November 2024, the taxing master taxed the applicant’s advocate-client Bill of Costs dated 19th October 2023 in the sum of Kshs.120,900. 00. The applicant was issued with a Certificate of Taxation dated 17th December 2024. There is no evidence that the decision has been challenged by way of reference or that the same has been varied or set aside. I am therefore satisfied to hold that the application is merited.
7. Accordingly, judgment is entered in favor of the applicant in the sum of Kshs.120,900. 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 19th October 2023 was taxed, that is is from 28th November 2024, until payment in full.
8. It is so ordered.
DATED SIGNED AND DELIVERED AT MACHAKOS THIS 19TH DAY OF JUNE 2025. RHODA RUTTOJUDGEIn the presence of;……………………………….Respondent………………………………..ApplicantSam, Court Assistant.