[2025] KEHC 7848 (KLR)

[2025] KEHC 7848 (KLR)

The court found that the certificate of taxation dated 17th February 2025 was valid and had not been set aside. Since the respondent did not oppose the application, and pursuant to Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the sum certified in the certificate of taxation. The...

Source-derived case information.

Citation
[2025] KEHC 7848 (KLR)
Parties
Applicant: Makhecha and Gitonga Advocates; Respondent: The Standard Group Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E131 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Outcome
application allowed; judgment entered for applicant for certified costs and application costs
Judges
NW Sifuna
Legal Topics
Advocate Client Costs, Certificate of Taxation, Judgment Entry, Costs Assessment
Source Language
en
Civil Procedure Commercial and Corporate Advocate Client Costs Certificate of Taxation Judgment Entry Costs Assessment

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Parties

Makhecha and Gitonga Advocates

Applicant

The Standard Group Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation

Legal Issues

  1. 1 Whether judgment should be entered on the certificate of taxation in favour of the advocate against the client.
  2. 2 Whether the certificate of taxation is valid and has not been set aside.
  3. 3 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the certificate of taxation dated 17th February 2025 was valid and had not been set aside. Since the respondent did not oppose the application, and pursuant to Section 51(2) of the Advocates Act, the applicant was entitled to judgment for the sum certified in the certificate of taxation. The court further held that the applicant was entitled to costs of the application, which were assessed at Ksh 10,000. The court ordered that a decree issue for the certified amount, with interest from the date the bill of costs was served on the client.

Court Disposition

application allowed; judgment entered for applicant for certified costs and application costs

Orders

  • Judgment is entered for the applicant/advocate against the respondent/client for Ksh 825,578 as stated in the certificate of taxation.
  • A decree shall issue for the amount of Ksh 825,578.