[2023] KEHC 99 (KLR)

[2023] KEHC 99 (KLR)

The court held that since the certificate of costs dated February 4, 2022, had not been set aside or varied, the applicant was entitled to judgment for the taxed costs as provided under paragraph 51(2) of the Advocates Remuneration Order. The court further determined that interest at court rates would accrue from...

Source-derived case information.

Citation
[2023] KEHC 99 (KLR)
Parties
Applicant: Jones Nyachiro t/a M/S Nyachiro Nyagaka Co Advocates; Respondent: County Government Of Nyamira
Court
High Court
Court Station
High Court at Nyamira
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case E004 of 2022
Procedural Posture
Miscellaneous Civil Case / Ruling on Application for Judgment on Certificate of Costs
Outcome
Application allowed. Judgment entered for the applicant for the taxed costs, with interest and costs of the application.
Judges
FA Ochieng
Legal Topics
Advocate Remuneration, Taxation of Costs, Certificate of Costs, Judgment on Costs
Source Language
en
Civil Procedure Advocate Remuneration Taxation of Costs Certificate of Costs Judgment on Costs

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Parties

Jones Nyachiro t/a M/S Nyachiro Nyagaka Co Advocates

Applicant

County Government Of Nyamira

Respondent

Procedural Posture

Miscellaneous Civil Case / Ruling on Application for Judgment on Certificate of Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of costs.
  2. 2 Whether interest should accrue on the taxed sum from 30 days after the date of the taxing officer's ruling.
  3. 3 Whether the respondent should pay the costs of the application.

Ratio Decidendi

The court held that since the certificate of costs dated February 4, 2022, had not been set aside or varied, the applicant was entitled to judgment for the taxed costs as provided under paragraph 51(2) of the Advocates Remuneration Order. The court further determined that interest at court rates would accrue from March 5, 2022, being 30 days after the date of the taxing officer's ruling, as the respondent was aware of the ruling by February 18, 2022. The respondent was also ordered to pay the costs of the application. The absence of opposition from the respondent and the clear statutory framework led to the grant of the orders sought by the applicant.

Court Disposition

Application allowed. Judgment entered for the applicant for the taxed costs, with interest and costs of the application.

Orders

  • Judgment entered for the applicant for Kshs 1,507,962.50 as per the certificate of costs dated February 4, 2022.
  • The sum shall attract interest at court rates from March 5, 2022 until payment in full.