https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10428
The application was unopposed and the court therefore allowed it in full, entering judgment for the certified costs of Kshs. 79,740, awarding interest at 14% per annum from the date of filing until payment in full, and granting the applicant Kshs. 50,000 as costs of the application.
Source-derived case information.
- Citation
- [2026] KEHC 10428 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E071 of 2025
- Procedural Posture
- Advocates Act Fee Recovery / Certificate of Costs Judgment / Ruling on Unopposed Application
- Outcome
- Application allowed in entirety; judgment entered for the applicant.
- Judges
- ["E Ominde"]
- Legal Topics
- Entry of Judgment on Certified Costs, Interest on Advocate Client Costs, Unopposed Application, Taxed Costs Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ocharo Kebira & Co. Advocates
Applicant
African Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Advocates Act Fee Recovery / Certificate of Costs Judgment / Ruling on Unopposed Application
Legal Issues
- 1 Whether judgment should be entered for the applicant on 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 the applicant should receive costs of the application
Ratio Decidendi
The application was unopposed and the court therefore allowed it in full, entering judgment for the certified costs of Kshs. 79,740, awarding interest at 14% per annum from the date of filing until payment in full, and granting the applicant Kshs. 50,000 as costs of the application.
Court Disposition
Application allowed in entirety; judgment entered for the applicant.
Orders
- Judgment entered in favor of the applicant against the respondent for Kshs. 79,740 as certified costs.
- Interest on Kshs. 79,740 to accrue 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** **CIVIL MISC NO. E071 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. 79,740/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 79,740/= 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 costs of this application totaling to Kshs. 50,000/= be awarded to the Advocates/Applicant and be borne by the Respondent.** 5. The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on 28th January, 2026. 6. Counsel for the Applicant Mr. Ntabo stated that the application dated 28th January 2026 that is coming up and they have agreed with Counsel that the same be allowed as Prayed. Counsel for the Respondent Ms. Ayeira in her oral representations did not oppose the Application. 7. 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; 8. **That Judgment is now hereby entered in favor of the Applicant against the Respondent for the sum of Kshs. 79,740/= being certified costs due to the applicant as against the Respondent.** 9. **That interest does accrue on the sum of Kshs. 79,740/= 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.** 10. **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 10th day of June, 2026** **E. OMINDE** **JUDGE**