[2025] KEHC 8406 (KLR)
The court held that since the applicant's costs had been taxed and certified by the Deputy Registrar, and no reference or challenge had been filed by the respondent to set aside or alter the certificate of taxation, the applicant was entitled to judgment for the certified sum. The law is clear that the court's role...
Source-derived case information.
- Citation
- [2025] KEHC 8406 (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 Application E207 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Entry of Judgment on Taxed Costs
- 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 Taxed Costs
Legal Issues
- 1 Whether judgment should be entered in favour of the applicant for the assessed and certified costs against the respondent.
- 2 Whether the respondent is liable to pay interest on the assessed costs from the date of application until payment in full.
Ratio Decidendi
The court held that since the applicant's costs had been taxed and certified by the Deputy Registrar, and no reference or challenge had been filed by the respondent to set aside or alter the certificate of taxation, the applicant was entitled to judgment for the certified sum. The law is clear that the court's role in such circumstances is limited to entering judgment in the terms of the certificate of taxation. The respondent's failure to respond or contest the application further reinforced the applicant's entitlement to the relief sought. Accordingly, judgment was entered for the applicant for the taxed sum together with interest at 14% per annum from the date of the application until...
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. 249,973 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 Application E207 of 2024) [2025] KEHC 8406 (KLR) (16 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8406 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E207 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 Forty Nine Thousand Nine Hundred and Seventy Three (Kshs.249,973/=) 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 Ruiru CMCC No. 338 of 2021 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. 249,973/= 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 Forty Nine Thousand Nine Hundred and Seventy Three (Kshs.249,973/=) 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 16 TH DAY OF JUNE , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Ontegi counsel for the ApplicantCourt Assistant - Martin