https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10598
The application was served and remained unopposed; the court therefore allowed it in full, entered judgment for the certified taxed costs, ordered interest at 14% per annum from the date of filing until payment in full, directed issuance of a decree on the certificate of taxation, and awarded the applicant costs of...
Source-derived case information.
- Citation
- [2026] KEHC 10598 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E088 of 2025
- Procedural Posture
- Advocates Act Application for Judgment on Certificate of Taxation / Ruling on an Unopposed Application
- Outcome
- Application allowed in its entirety; judgment entered for the applicant.
- Judges
- ["E Ominde"]
- Legal Topics
- Judgment on Certificate of Taxation, Advocates Remuneration, Interest on Taxed Costs, Execution of Decree, 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 Application for Judgment on Certificate of Taxation / Ruling on an Unopposed Application
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 at 14% per annum was payable on the taxed costs
- 3 Whether a decree should issue for execution
Ratio Decidendi
The application was served and remained unopposed; the court therefore allowed it in full, entered judgment for the certified taxed costs, ordered interest at 14% per annum from the date of filing until payment in full, directed issuance of a decree on the certificate of taxation, and awarded the applicant costs of the application.
Court Disposition
Application allowed in its entirety; judgment entered for the applicant.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 93,110 as certified costs.
- Interest to accrue on Kshs. 93,110 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. E088 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. 93,110/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 93,110/= 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. 93,110/= being certified costs due to the applicant as against the Respondent.** 10. **That interest does accrue on the sum of Kshs. 93,110/= 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**