[2025] KEHC 8414 (KLR)
The court held that since the applicant's costs had been taxed and a certificate of taxation issued, and the respondent had not filed any reference or challenge to the certificate, the law required the court to enter judgment for the amount stated in the certificate. The court relied on established precedent and...
Source-derived case information.
- Citation
- [2025] KEHC 8414 (KLR)
- Parties
- Applicant: Ngaywa & Kibet Partners LLP; Respondent: Monarch Insurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E210 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Entry of Judgment on Certificate of Taxation
- Outcome
- application allowed; judgment entered for applicant for taxed costs plus interest
- Judges
- DO Chepkwony
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Entry of Judgment, Advocate Client Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ngaywa & Kibet Partners LLP
Applicant
Monarch Insurance Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Entry of Judgment on Certificate of Taxation
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether the respondent's failure to challenge the certificate of taxation precludes further contest on the assessed amount.
Ratio Decidendi
The court held that since the applicant's costs had been taxed and a certificate of taxation issued, and the respondent had not filed any reference or challenge to the certificate, the law required the court to enter judgment for the amount stated in the certificate. The court relied on established precedent and statutory provisions confirming that the certificate of taxation is final and conclusive as to the amount unless set aside or altered. Therefore, the applicant was entitled to judgment for the taxed sum, together with interest at 14% per annum from the date of the application until payment in full.
Court Disposition
application allowed; judgment entered for applicant for taxed costs plus interest
Orders
- Judgment is entered in favour of the applicant against the respondent for Kshs. 215,288 as per the certificate of taxation.
- Interest at 14% per annum from 28th March, 2025 until payment in full.
Full Case Text
Judgment text and source record
20 paragraphs
Ngaywa & Kibet Partners LLP v Monarch Insurance Company Ltd (Miscellaneous Civil Application E210 of 2024) [2025] KEHC 8414 (KLR) (16 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8414 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application E210 of 2024
DO Chepkwony, J
June 16, 2025
Between
Ngaywa & Kibet Partners LLP
Applicant
and
Monarch Insurance Company Ltd
Respondent
Ruling
1. This is a ruling in respect of a Notice of Motion application dated 28th March, 2025 in which the Applicant seeks the following orders:-a.That Judgment be entered in favour of the Applicant against the Respondent for the sum of Kenya Shillings Two Hundred and Fifteen Thousand Two Hundred and Eighty Eight (Kshs.215,288/=) being the assessed costs due to the Applicant as against the Respondent.b.That the Respondent do pay the Applicant the costs of this application together with interest on the assessed amount.
2. The application is based on the grounds as set out on its face and the Supporting Affidavit of Moses Ngaywa sworn on the instant date. The Application was served upon the Respondent and an Affidavit of Service sworn by Timothy Maxwel Oyombera was duly filed to confirm that service was effected but the Respondent did not file any response. However, the court still has to consider the merits of the application.
3. According to the Applicant, his firm represented the Respondent in Thika CMCC No. 132 of 2019 but the Respondent failed to pay his legal fees. The Applicant then filed Bill of Costs and vide a Ruling dated 19th February, 2025, the Deputy Registrar assessed the sum at Kshs. 215,288/= and a Certificate of Taxation dated 12th March, 2025 was issued to that effect.
4. It is trite law that the Taxing Officer having already taxed the costs and issued a Certificate of Taxation, yet no reference has been filed seeking to set it aside or even alter it, then this Court’s duty is to enter Judgment in the terms presented in the Certificate. On this, the Court is guided by the decision in the case of Lubulellah & Associates Advocates –vs- N. K. Brothers Limited [2014] eKLR where the Court stated as follows-“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. ”
5. From the aforesaid, the Court proceeds to find that the application herein has met the threshold set by the law and the same is allowed in the following terms:-a.That Judgment be and is hereby entered in favour of the Applicant against the Respondent for the sum of Kenya Shillings Two Hundred and Fifteen Thousand Two Hundred and Eighty Eight (Kshs.215,288/=) being the assessed costs due to the Applicant as against the Respondent as per the Certificate of Taxation together with interest at 14% per annum from 28th March, 2025 until payment in full.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF JUNE, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Ontegi counsel for the ApplicantCourt Assistant - Martin