[2025] KEHC 6398 (KLR)
The court found that the applicant had demonstrated she was instructed by the respondent and had represented him in the referenced criminal case. The bill of costs was taxed and a certificate of taxation issued, which remained unsettled. There was no dispute as to retainer or any objection from the respondent, who...
Source-derived case information.
- Citation
- [2025] KEHC 6398 (KLR)
- Parties
- Applicant: Judith A Nyagol; Respondent: Philip Wabuko Kweya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Judgment Date
- 3 April 2025
- Case Number
- Miscellaneous Application E026 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Advocate's Application for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- JM Omido
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Certificate of Taxation, Interest on Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Judith A Nyagol
Applicant
Philip Wabuko Kweya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Advocate's Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether interest should accrue on the taxed costs from the date of the certificate of taxation until payment in full.
Ratio Decidendi
The court found that the applicant had demonstrated she was instructed by the respondent and had represented him in the referenced criminal case. The bill of costs was taxed and a certificate of taxation issued, which remained unsettled. There was no dispute as to retainer or any objection from the respondent, who did not oppose the application. Accordingly, the court held that the applicant was entitled to judgment for the taxed sum as per the certificate of taxation, together with interest at 14% per annum from the date of the certificate until payment in full. No order was made as to the costs of the application since it was unopposed.
Court Disposition
application allowed
Orders
- Judgment is entered in favour of the applicant against the respondent for Ksh.96,483 as per the certificate of taxation dated 16th September, 2024.
- The sum of Ksh.96,483 shall attract interest at 14% per annum from 16th September, 2024 until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
Nyagol v Kweya (Miscellaneous Application E026 of 2024) [2025] KEHC 6398 (KLR) (3 April 2025) (Ruling)
Neutral citation: [2025] KEHC 6398 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E026 of 2024
JM Omido, J
April 3, 2025
Between
Judith A Nyagol
Advocate
and
Philip Wabuko Kweya
Client
Ruling
1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 17th January, 2025, brought Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya and Rule 7 of the Advocates (Remuneration)(Amendment Order) and Section 3A of the Civil Procedure Act and seeks the following orders:a.That the Advocate/Applicant’s bill of costs taxed at Ksh.96,483/- arising from Winam Criminal Case No. E249 of 2022; Republic v Philip Wabuko Kweya be deemed judgement of this Honourable Court.b.That upon grant of prayer (a) above, interest does accrue on the taxed costs at court rates from 16th September, 2024 till payment in full.c.That the costs of this application be provided for.
2. The grounds upon which the application is premised are in precis that the Respondent instructed the Appellant to act for him in Winam Criminal Case No. E249 of 2022; Republic v Philip Wabuko Kweya and that the Applicant professionally executed the Respondents instructions.
3. The Respondent subsequently failed to settle the Applicant’s legal fees which then resulted in the Applicant filing its bill of costs that was subsequently taxed by the Taxing Master at Ksh.96,483/- and a Certificate of Taxation of Costs issued to that effect on 16th September, 2024. The costs remain unsettled.
4. The application is supported by the affidavit of Judith A. Nyagol, Advocate, the Applicant herein, sworn on 17th January, 2025. The affidavit, to which is annexed inter alia the Certificate of Taxation of Costs, expounds on the above grounds.
5. Service of the application and the hearing notice thereof was effected upon the Respondent to the satisfaction of this court. The Respondent did not respond to the Motion and the application thus proceeded as unopposed.
6. Having perused the application, the affidavit in support thereof and the record in its entirety, I am satisfied that the Applicant has demonstrated that she was instructed by and represented the Respondent in the above matter and that the Applicant’s costs as determined by the Taxing Master remain unsettled.
7. Having said as much, the application has merit and I will proceed to allow it in the following terms:a.That judgement is hereby entered in favour of the Applicant against the Respondent for the sum of Ksh.96,483/- as per the Certificate of Taxation of Costs issued herein dated 16th September, 2024. b.That the above sum of Ksh.96,483/- shall attract interest at the rate of 14% per annum from 16th September, 2024 until payment in full.c.That as the Notice of Motion dated 17th January, 2025 was not opposed, I make no orders as to costs in respect thereof.
DELIVERED (VIRTUALLY), DATED AND SIGNED THIS 3RD DAY OF APRIL, 2025. JOE M. OMIDOJUDGEFor The Applicant: Ms. Nyagol.For The Repondent: No Appearance.Court Assistant: Mr. Ngoge & Mr. Juma.