https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11215
The court found there was no dispute as to retainer, and because the certificate of costs had neither been set aside nor varied, judgment was entered for the applicant for Kshs. 188,950 together with costs of the application.
Source-derived case information.
- Citation
- [2026] KEHC 11215 (KLR)
- Parties
- Applicant: Mathea Gikunju t/a Mathea Gikunju & Co. Advocates; Respondent: Patrick Mathenge Gichuru
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E006 of 2025
- Procedural Posture
- Advocates' Client Bill / Judgment on Taxed Costs / Ruling on Unopposed Notice of Motion
- Outcome
- Application allowed
- Judges
- ["LN Mutende"]
- Legal Topics
- Taxation of Advocate Client Costs, Certificate of Costs, Judgment on Taxed Costs, Execution of Decree, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathea Gikunju t/a Mathea Gikunju & Co. Advocates
Applicant
Patrick Mathenge Gichuru
Respondent
Procedural Posture
Advocates' Client Bill / Judgment on Taxed Costs / Ruling on Unopposed Notice of Motion
Legal Issues
- 1 Whether judgment should be entered for the applicant for the taxed costs
- 2 Whether the certificate of costs remained valid and enforceable
- 3 Whether the absence of an objection or setting aside of the certificate entitled the applicant to judgment
Ratio Decidendi
The court found there was no dispute as to retainer, and because the certificate of costs had neither been set aside nor varied, judgment was entered for the applicant for Kshs. 188,950 together with costs of the application.
Court Disposition
Application allowed
Orders
- Judgment entered in favour of the applicant against the respondent for Kshs. 188,950.
- The applicant awarded the costs of the application.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAHURURU** **MISCELLANEOUS APPLICATION NO. E006 OF 2025** **MATHEA GIKUNJU t/a** **MATHEA GIKUNJU & CO. ADVOCATES…………………APPLICANT** **-VERSUS-** **PATRICK MATHENGE GICHURU……………….…….RESPONDENT** **RULING** 1. Through a Notice of Motion dated 3rd September, 2025, the applicant seeks orders thus; 2. ***That the honourable court be pleased to enter a judgment in favour of the Applicant against the Respondent for Kshs.188,950/-.*** 3. ***That the costs of this application be provided for.*** 4. The application is premised on grounds that the Applicant represented the Respondent in ***Nyahururu Civil Magistrate’s Court Civil Suit No. 199 of 2019***, where a Judgement was delivered in favour of the Respondent. However, the Respondent has failed, refused and/or neglected to pay the Applicant’s legal fees of Kshs.225,150/- and as a result the Applicant drew and filed a client bill of costs for purposes of taxation before this honourable court and the same was served upon the Respondent. 5. Following events, costs were taxed at Kshs. 188,950/- A certificate of costs was served upon the Respondent on 18th August, 2025 and no appeal has been brought against the said certificate of costs; and, the court has neither varied nor set it aside. 6. The Applicant hence applies to this court to enter a judgment against the Respondent for Kshs.188,990/- to allow the Applicant begin the process of execution. 7. The application is unopposed. 8. I have considered the application, supporting affidavit and the submissions. Notably, there is no dispute as to the retainer and since the certificate of costs has not been set aside or varied, I enter judgment in favour of the Applicant in the sum of Kshs. 188,950/- with costs of the application. 9. It is so ordered. **Dated, signed and delivered virtually this 23rd day of July, 2026** **…………………** **L.N. MUTENDE** **JUDGE**