[2025] KEHC 9248 (KLR)
The court found that the applicant's costs had been taxed and certified by a certificate of taxation, the respondent had not disputed the retainer or the amount, and had failed to respond or appear despite service. Section 51(2) of the Advocates Act provides that such a certificate is final as to the amount unless...
Source-derived case information.
- Citation
- [2025] KEHC 9248 (KLR)
- Parties
- Applicant: Kinyua & Maingi Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E121 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the certified taxed costs and costs of the application.
- Judges
- TW Ouya
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment on Certified Costs, Enforcement of Costs, Non Payment of Legal Fees
- 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 Taxed Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the applicant for the certified taxed costs against the respondent.
- 2 Whether the respondent has disputed the retainer or the amount certified in 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 costs had been taxed and certified by a certificate of taxation, the respondent had not disputed the retainer or the amount, and had failed to respond or appear despite service. Section 51(2) of the Advocates Act provides that such a certificate is final as to the amount unless set aside or altered, and empowers the court to enter judgment for the certified sum where the retainer is not disputed. Accordingly, the court granted the application and entered judgment for the applicant for the certified sum, together with costs of the application.
Court Disposition
Application allowed. Judgment entered for the applicant for the certified taxed costs and costs of the application.
Orders
- Judgment is entered in favour of the applicant against the respondent for Kshs. 168,740 being the certified taxed costs.
- The respondent shall pay the applicant the costs of this application.
Full Case Text
Judgment text and source record
22 paragraphs
Kinyua & Maingi Advocates v Trident Insurance Company Limited (Miscellaneous Civil Application E121 of 2023) [2025] KEHC 9248 (KLR) (26 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9248 (KLR)
Republic of Kenya
In the High Court at Murang'a
Miscellaneous Civil Application E121 of 2023
TW Ouya, J
June 26, 2025
Between
Kinyua & Maingi Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. Before court is a Notice of Motion application by Kinyua Maingi and Company Advocates dated 21st January 2025. The application is brought under section 51(2) of the Advocates Act Chapter 16 Laws of Kenya seeking for orders that:a.That judgment entered in favor of the Applicant against the Respondent for the sum of Kenya Shillings One Hundred and sixty-eight Thousand Seven Hundred and forty (Kshs. 168,740) only being the certified costs due to the Applicant as against the Respondentb.That the Respondent does pay to the Applicant the costs of this application together with interest on the taxed sum.
2. The application is supported by grounds and affidavit sworn by Njoki Kinyua Advocate on 21st January 2025 to the effect that:a.The advocate – Client costs due to the Applicant herein have been taxed at Kenya Shillings One Hundred and sixty-eight Thousand Seven Hundred and forty (Kshs. 168,740) only, in favor of the Applicant as against the Respondent and a certificate of taxation issued to that effect.b.The Respondent has neglected, refused and/or failed to settle the taxed costs.c.There is no dispute that the Respondent retained the Applicant herein as their advocate in respect of which advocate –client’s costs were taxed herein.d.That it is only fair in the circumstances that judgement be entered for the amount of Kenya Shillings One Hundred and sixty-eight Thousand Seven Hundred and forty (Kshs. 168,740) only being the sum certified to be due to the applicant herein.e.A certificate of Taxation dated 10th June 2021 is attached.
3. This court takes note that the instant application, hearing notice and submissions were served upon the Respondent but failed to yield any response neither did the Respondent to appear in court.
4. Vide submissions dated 2nd April 2025, the applicant urges the court to grant the orders as prayed.
5. The issue before this court is a prayer for Judgement to be entered in favor of the Applicant against the Respondent for the sum of Kenya Shillings One Hundred and sixty-eight Thousand Seven Hundred and forty (Kshs. 168,740) only, being the certified costs due to the applicant against the Respondent.
6. Section 51(2) of the Advocates Acts 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.’’
7. Taking into account the existence of the certificate of taxation by Hon. M. E Analo the Deputy Registrar High Court Murang’a dated 19th September 2024, this court hereby grants the orders as prayed together with the costs of this application.
DATED, SIGNED AND DELIVERED ELECTRONICALLY THIS 26TH DAY OF JUNE, 2025. HON. T. W. OUYAJUDGE