https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9364

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT CHUKA** **MISC. CIVIL APPLICATION NO. E001 OF 2025** **KIRUKI & KAYIKA ADVOCATES……………………………………….APPLICANT** **VERSUS** **MONARCH INSURANCE CO. LTD………..RESPONDENT** **R U L I N G** 1. Kiruki & Kayika Advocates filed a Notice of Motion dated 3rd November 2025 seeking orders that:- 2. That Chuka Miscellaneous Applications numbers E021 of 2024, E001, E008 and E009 of 2025 be and are hereby consolidated. 3. That judgement be entered in favour of the Applicant against the Respondent for the sum of Kshs.727,390.00 being the certified costs due to the Applicant as against the Respondent in Chuka Miscellaneous Application numbers E021 of 2024, E001, E008 and E009 of 2025 respectively. 4. That the Respondent do pay to the Applicant interest on the taxed sum from the date of filing of this Application, until payment in full. 5. The Application was based on the grounds reproduced verbatim that:- 6. It is the best interest of justice that Chuka Miscellaneous Applications numbers, E021 of 2024, E001, E008 and E009 of 2025 be consolidated. The matters relate to the same Applicant and Respondent. 7. The said Application will save judicial time 8. The Respondent has neglected, refused and/or failed to settle the taxed costs. 9. The Applicant stated that there was a client-advocate relationship between the parties and the retainer was not disputed. That the cumulative taxed costs amounted to Kshs.727,390.00/- 10. Kiruki Mutwiri, advocate, deponed on the supporting affidavit dated 3rd November 2025 that consolidation of the four maters would save judicial time. That the Respondent instructed the firm of Kiruki and Kayika Advocates to act for the Defendants in 11. Chuka CMCC No. E209 of 2022- Joyce Wairimu vs Peter Muiga & Kangoroi Antony Nyoike. 12. Chuka CMCC No. E210 of 2022 – Anastacia Nduku Maundu vs Peter Muiga & Kangoroti Antony Nyoike. 13. Chuka CMCC No. E186 of 2021- Kimotho Humphrey vs Robert Kipng’etich and 14. Chuka CMCC No. E205 of 2022 – Teresia Wambui Karanja vs Karangoti Antony Nyoike & Peter Gichane Muigai. 15. He further averred that the Respondent had neglected to pay the resultant fees and they filed bills of costs which were subsequently taxed as follows:- (i)Chuka HCCC Misc. No. E021 of 2024 -Kshs. 213,018.00 (ii) Chuka HCCC Misc.No.E001 OF 2025- Kshs. 113,712.00 (iii)Chuka HCCC Misc. No.E008 of 2025- Kshs. 203,462.00 (iv)Chuka HCCC Misc. No.E009 of 2025- Kshs. 197,198.00 **Total Kshs. 727,390.00** 1. The Application came up twice for hearing on 3rd February 2026 and 4th March 2026. The Applicants however failed to demonstrate service. It was finally heard on 11th May 2026 when service upon the Respondent was proved. 2. I have considered the Application. It has been demonstrated that the four matters concern the same parties. The prayer for consolidation is therefore merited and is granted. 3. It has been averred that the Respondents have neither paid the taxed costs nor filed a reference to this court. The Respondents did not oppose the Application and neither did they attend court to rebut the averments. 4. I am therefore satisfied that there is no contest on the taxed costs and that they remain unpaid. 5. Section 51(2) of the Advocates Act provides that:- **“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.”** 1. Once a taxing master has taxed costs and issued a certificate thereof, and no payment has been made or reference filed all that is required of the court is to enter judgment. (See **Lubulellah & Associates Advocates vs N K Brothers Limited [2014] eKLR.)** 2. In the premises, I allow the Application as prayed and enter judgement in favour of the Applicant for the amount reflected in the Certificates of Costs as stated above and totaling Kshs.727,390.00/-. The amount shall attract interest at court rates from the date of this Ruling till payment in full. 3. The Applicant shall also have the costs of this Application. Orders accordingly. **Ruling delivered, dated and signed at Chuka this 29th day of June, 2026.** **..........................** **R. LAGAT-KORIR** **JUDGE** **Ruling delivered in the presence of Mr. Murimi for the Applicant and in the absence of the Respondent. Muriuki (Court Assistant)**