https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10596
The application was served, no opposition was filed, and the court therefore allowed it in full, entering judgment for the certified costs, awarding interest at 14% per annum from the date of filing until payment in full, and awarding the costs of the application to the applicant.
Source-derived case information.
- Citation
- [2026] KEHC 10596 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E100 of 2025
- Procedural Posture
- Advocates Act Fee Recovery; Application for Judgment on Certificate of Costs / Ruling on Unopposed Application
- Outcome
- Application allowed in its entirety; judgment entered for the applicant.
- Judges
- ["E Ominde"]
- Legal Topics
- Judgment on Certificate of Costs, Taxed/certified Costs, Interest on Advocate Client Costs, Unopposed Application
- 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; Application for Judgment on Certificate of Costs / Ruling on Unopposed Application
Legal Issues
- 1 Whether judgment should be entered for certified costs under section 51(2) of the Advocates Act.
- 2 Whether interest at 14% per annum should accrue from the date of filing until payment in full.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The application was served, no opposition was filed, and the court therefore allowed it in full, entering judgment for the certified costs, awarding interest at 14% per annum from the date of filing until payment in full, and awarding the costs of the application to the applicant.
Court Disposition
Application allowed in its entirety; judgment entered for the applicant.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 79,235/= being certified costs.
- Interest to accrue on Kshs. 79,235/= 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. E100 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 4th February 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. 79,235/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 79,235/= 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 4th February, 2026. 6. 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. 7. I have considered the application dated 4th February, 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. 79,235/= being certified costs due to the applicant as against the Respondent.** 9. **That interest does accrue on the sum of Kshs. 79,235/= 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 8th day of July, 2026** **E. OMINDE** **JUDGE**