https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10600

The application was unopposed, and the court therefore accepted the certified costs and granted judgment for Kshs. 83,935 together with interest, issuance of a decree, and costs of the application.

Source-derived case information.

Citation: [2026] KEHC 10600 (KLR)
Parties: Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
Court: High Court
Jurisdiction: Kenya
Case Number: Civil Miscellaneous E079 of 2025
Procedural Posture: Advocates Act Taxation/enforcement Application / Ruling on Unopposed Application for Judgment on Certificate of Taxation
Outcome: Application allowed in its entirety.
Judges: ["E Ominde"]
Legal Topics: Certificate of Taxation, Judgment on Taxed Costs, Interest on Advocate Client Costs, Execution on Decree, Unopposed Application
Source Language: en

Advocates' Remuneration Civil Procedure Certificate of Taxation Judgment on Taxed Costs Interest on Advocate Client Costs Execution on Decree Unopposed Application

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3

Parties

Ocharo Kebira & Co. Advocates

Applicant

African Merchant Assurance Co. Ltd

Respondent

Procedural Posture

Advocates Act Taxation/enforcement Application / Ruling on Unopposed Application for Judgment on Certificate of Taxation

Legal Issues

1 Whether judgment should be entered for the certified costs under section 51(2) of the Advocates Act
2 Whether interest at 14% per annum should accrue from the date of filing
3 Whether a decree should issue to enable execution

Ratio Decidendi

The application was unopposed, and the court therefore accepted the certified costs and granted judgment for Kshs. 83,935 together with interest, issuance of a decree, and costs of the application.

Court Disposition

Application allowed in its entirety.

Orders

Judgment entered for the applicant against the respondent for Kshs. 83,935 being certified costs.
Interest to accrue on Kshs. 83,935 at 14% per annum from the date of filing until payment in full.

Full Case Text

Judgment text and source record

1 paragraphs

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **HC. CIVIL MISC NO. E079 OF 2025** **OCHARO KEBIRA & CO. ADVOCATES …………...…………. APPLICANT** **VERSUS** **AFRICAN MERCHANT ASSURANCE CO. LTD …..……… RESPONDENT** **RULING** 1. Before this court is an application by the applicant dated 28th January 2026 brought **Under Section 51(2) of the Advocates Act Chapter 16 of the Laws of Kenya** seeking the following orders: 2. **That the Judgment be entered in favor of the Applicant against the Respondent for the sum of Kshs. 83,935/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 83,935/= at the rate of 14% per annum, with effect from date of filing until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration order.** 4. **That a decree be issued in respect of the Certificate of Taxation dated 15th December 2025 and that the Applicant be at liberty to execute for recovery of the same in such manner as a Decree of this Honourable Court.** 5. **That costs of this application totaling to Kshs. 50,000/= be awarded to the Advocates/Applicant and be borne by the Respondent.** 6. The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on 28th January, 2026. 7. Counsel for the Applicant Mr. Ntabo stated that the application was served upon the Respondents and no response to the same has been filed. He therefore prays that the same be allowed as prayed. Counsel for the Respondent Ms. Ayeira in her oral representations did not oppose the application. 8. I have considered the application dated 28th January, 2026 and the same having not been opposed, I now hereby allow the same in its entirety as follows; 9. **That Judgment is now hereby entered in favor of the Applicant against the Respondent for the sum of Kshs. 83,935/= being certified costs due to the applicant as against the Respondent.** 10. **That interest does accrue on the sum of Kshs. 83,935/= at the rate of 14% per annum, with effect from date of filing until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration order.** 11. **That a decree be issued in respect of the Certificate of Taxation dated 15th December 2025 and that the Applicant is at liberty to execute for recovery of the same in such manner as a Decree of this Honourable Court.** 12. **That costs of this application totaling to Kshs. 50,000/= is awarded to the Advocates/Applicant and be borne by the Respondent.** **Read Dated and Signed at BUNGOMA on 8th day of July, 2026** **E. OMINDE** **JUDGE**

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.