https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10605
The application was unopposed, and the court accepted the certificate of taxation and the supporting affidavit evidence. Accordingly, judgment was entered for the taxed amount, interest was allowed at 14% per annum from the date of filing until payment in full, a decree was ordered to issue, and the applicant was...
Source-derived case information.
- Citation
- [2026] KEHC 10605 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E028 of 2025
- Procedural Posture
- Advocates’ Fees Recovery / Taxed Costs / Ruling on Unopposed Application for Judgment Under Section 51(2) of the Advocates Act
- Outcome
- Application allowed in its entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Judgment on Certificate of Taxation, Recovery of Taxed Costs, Interest on Advocates’ Costs, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ocharo Kebira & Co. Advocates
Applicant
African Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Advocates’ Fees Recovery / Taxed Costs / Ruling on Unopposed Application for Judgment Under Section 51(2) of the Advocates Act
Legal Issues
- 1 Whether judgment should be entered for the applicant on the certificate of taxation under section 51(2) of the Advocates Act.
- 2 Whether interest and execution orders should issue.
- 3 Whether the applicant should be awarded the costs of the application.
Ratio Decidendi
The application was unopposed, and the court accepted the certificate of taxation and the supporting affidavit evidence. Accordingly, judgment was entered for the taxed amount, interest was allowed at 14% per annum from the date of filing until payment in full, a decree was ordered to issue, and the applicant was granted leave to execute, together with costs of the application.
Court Disposition
Application allowed in its entirety.
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs. 80,815.
- Interest to accrue on Kshs. 80,815 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. E028 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 30th 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. 80,815/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 80,815/= 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 14th January 2026 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 30th 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 30th 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. 80,815/= being certified costs due to the applicant as against the Respondent.** 10. **That interest does accrue on the sum of Kshs. 80,815/= 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 14th January 2026 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**