[2025] KEHC 8824 (KLR)
The court held that the application was fatally defective because it failed to disclose the matter in which judgment for taxed costs was sought, and was filed in a new file rather than the file where the costs were taxed. The law requires that such applications be made in the same matter to ensure procedural...
Source-derived case information.
- Citation
- [2025] KEHC 8824 (KLR)
- Parties
- Applicant: Geoffrey Muriungi Kiugu t/a Kiugu & Company Advocates; Respondent: The County Government of Kiambu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E167 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Application to Enter Judgment on Certificate of Taxation
- Outcome
- Application struck out as incompetent.
- Judges
- RE Aburili
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Entry of Judgment, Procedural Incompetence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Muriungi Kiugu t/a Kiugu & Company Advocates
Applicant
The County Government of Kiambu
Respondent
Procedural Posture
Judicial Review Application / Ruling on Application to Enter Judgment on Certificate of Taxation
Legal Issues
- 1 Whether the court can enter judgment for taxed costs in a matter not disclosed in the application.
- 2 Whether an application for entry of judgment on a certificate of taxation must be filed in the same matter where costs were taxed.
Ratio Decidendi
The court held that the application was fatally defective because it failed to disclose the matter in which judgment for taxed costs was sought, and was filed in a new file rather than the file where the costs were taxed. The law requires that such applications be made in the same matter to ensure procedural continuity. As a result, the application was found to be incompetent and was struck out, with the applicant directed to file the application in the correct file (JR. Misc E127/2022).
Court Disposition
Application struck out as incompetent.
Orders
- The application dated 19/6/2025 is struck out with no orders as to costs.
- The applicant to file the application in JR. Misc E127/2022.
Full Case Text
Judgment text and source record
22 paragraphs
Kiugu t/a Kiugu & Company Advocates v County Government of Kiambu (Judicial Review Application E167 of 2025) [2025] KEHC 8824 (KLR) (Judicial Review) (20 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8824 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E167 of 2025
RE Aburili, J
June 20, 2025
Between
Geoffrey Muriungi Kiugu t/a Kiugu & Company Advocates
Applicant
and
The County Government of Kiambu
Respondent
Ruling
1. The Registry has availed JR.262/2015 which is the main file where the advocate in this matter represented the client who is the respondent herein.
2. However, I note that the matter herein is in respect of Advocate/Client bill of costs taxed in JR. Misc.App. No.E127/2022.
3. The Advocate in his prayer No. (a) of the Notice of Motion dated 19/6/2025 has not disclosed in which matter the court should enter judgment for his taxed costs. That omission is fatal to the application, noting that the application is brought in a totally new file. The court cannot enter judgment for a disclosed sum awarded in an undisclosed matter.
4. Additionally, an application for entry of judgment on a certificate of taxation in Advocate/Client bill of costs must be filed in the matter where the costs were taxed for the court to continue the proceedings, which are not independent.
5. Accordingly, I find the application dated 19/6/2025 to be incompetent. It is hereby struck out with no orders as to costs. The applicant to file the application in JR. Misc E127/2022.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20THDAY OF JUNE, 2025R.E. ABURILIJUDGE