https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8854

Mbugua, Atudo & Macharia Advocates v Kenya Alliance Insurance Company Ltd (Miscellaneous Application E004 of 2022) [2026] KEHC 8854 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 8854 (KLR) Republic of Kenya In the High Court at Kapsabet Miscellaneous Application E004 of 2022 OA Sewe, J May 14, 2026 Between Mbugua, Atudo & Macharia Advocates Applicant and Kenya Alliance Insurance Company Limited Respondent Ruling 1.The Notice of motion dated 24th July 2025 was filed by the applicant, M/s Mbugua, Atudo & Macharia Advocates, pursuant to Section 51(2) of the Advocates Act, Chapter 16 of the Laws of Kenya, and Order 51 Rule 1 of the Civil Procedure Rules, 2010, for orders that:(a)Judgment be entered in the applicant’s favour in the sum of Kshs. 324,528 being the taxed Advocate/Client costs as per the Certificate of Costs dated 3rd July 2025 together with interest at 14% from the date of judgment until payment in full.(b)That costs of the application be provided for. 2.The application was supported by the affidavit of Mr. P.N. Atudo, Advocate, sworn on 24th July 2025. He averred that, on the instructions of the respondent, they represented its insured in Kapsabet PMCC No. 182 of 2018: Geoffrey Kipyego Korir v Hillary Kipkosgei Choge; and that judgment in that suit was delivered on 9th September 2021. The applicant further averred that it thereafter sent a fee note to the respondent for settlement but the same was not honoured. The applicant thereafter filed its Advocate/Client Bill of Costs for taxation; and the same was duly taxed and a Certificate of Taxation issued on 3rd July 2025 for Kshs. 324,528/=. 3.It was further the assertion of the applicant that the respondent has failed and/or neglected to settle the taxed amount. Accordingly, it moved the Court pursuant to Section 51 of the Advocates Act for judgment on the basis of the Certificate of Costs. The applicant annexed to its affidavit the following documents among others:(a)The fee note dated 9th September 2021(b)The Advocate/Client Bill of Costs dated 2nd August 2022(c)The Certificate of Taxation for Kshs. 324,528/= 4.Although the application was duly served on the respondent, it neither filed a response nor attended court on 11th May 2026 for hearing. Section 51(2) of the Advocates Act, states 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.” 5.Hence, in Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR it was held that:“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment. An applicant is not required to file suit for the recovery of costs. The certificate of costs is final as to the amounts of the costs and the court would be quite in order to enter judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on 25th November 2012.” 6.Having considered the application together with its supporting affidavit and the documents annexed thereto, I find it meritorious. The same is hereby allowed and orders granted as follows:(a)Judgment be and is hereby entered in the Applicant’s favour in the sum of Kshs. 324,528/= together with interest at 14% with effect from the date hereof until payment in full.(b)Costs of the application be and are hereby awarded to the applicant.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14TH DAY OF MAY 2026.…………..………………….OLGA SEWEJUDGE