[2025] KEHC 10673 (KLR)
The court found that there was a valid Certificate of Taxation for the sum of Ksh 100,871, and that the respondent had not opposed the application or denied the retainer. In the absence of any challenge to the certificate or the advocate's instructions, Section 51(2) of the Advocates Act entitled the applicant to...
Source-derived case information.
- Citation
- [2025] KEHC 10673 (KLR)
- Parties
- Applicant: Kinyua & Maingi Advocates; Respondent: Trident Insurance Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E1234 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate Client Bill of Costs
- Outcome
- Application allowed. Judgment entered for the applicant for Ksh 100,871 plus interest and costs.
- Judges
- NW Sifuna
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment Entry, Interest Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua & Maingi Advocates
Applicant
Trident Insurance Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate Client Bill of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the Certificate of Taxation.
- 2 Whether interest should be awarded on the taxed sum from the date of taxation until payment in full.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that there was a valid Certificate of Taxation for the sum of Ksh 100,871, and that the respondent had not opposed the application or denied the retainer. In the absence of any challenge to the certificate or the advocate's instructions, Section 51(2) of the Advocates Act entitled the applicant to judgment for the taxed sum. The court also awarded interest at 14% per annum from the date of taxation until payment in full, and assessed the costs of the application at Ksh 10,000 in favour of the applicant.
Court Disposition
Application allowed. Judgment entered for the applicant for Ksh 100,871 plus interest and costs.
Orders
- Judgment is entered for the applicant against the respondent for Ksh 100,871 as per the Certificate of Taxation.
- Interest at 14% per annum is awarded on the sum of Ksh 100,871 from the date of taxation until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
Kinyua & Maingi Advocates v Trident Insurance Limited (Miscellaneous Civil Case E1234 of 2023) [2025] KEHC 10673 (KLR) (Civ) (22 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10673 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Case E1234 of 2023
NW Sifuna, J
July 22, 2025
Between
Kinyua & Maingi Advocates
Applicant
and
Trident Insurance Limited
Respondent
Ruling
1. This is an Application by an Advocate, under Section 51(2) of the Advocates Act; for judgment to be entered against Client/Respondent for the sum of Ksh 100,871= as per the Certificate of Costs issued on 12th February 2025, by Hon. E. Wambo (Taxing Officer), upon taxation of the Advocate-Client Bill of Costs.
2. The Respondent has not filed any response to the Application. The same is therefore unopposed.
3. There being a valid Certificate of Taxation, and there being no denial of instructions or retained. I hereby allow the Application, in terms that judgement is hereby entered for the Applicant against the Respondent for the sum of Ksh100,871= in terms of the said Certificate of Taxation.
4. The Applicant is hereby awarded interest or there is sum at the rate of 14% per annum, from the date of taxation until payment in full.
5. The Applicant shall also have the costs of this Application. Which costs are hereby assessed at Ksh10,000=.
6. A decree shall issue.
DATED AND DELIVERED AT NAIROBI ON THIS 22ND DAY OF JULY 2025. PROF (DR) NIXON SIFUNAJUDGE