https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10599
Because the application was duly served and remained unopposed, the court exercised its power under section 51(2) of the Advocates Act to enter judgment for the certified costs, award interest as claimed, authorize issuance of a decree on the certificate of taxation, and award the applicant the costs of the...
Source-derived case information.
- Citation
- [2026] KEHC 10599 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co Advocates; Respondent: African Merchant Assurance Co Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E087 of 2025
- Procedural Posture
- Civil Miscellaneous Application for Judgment on Taxed Advocates’ Costs / Ruling on an Unopposed Application
- Outcome
- Application allowed in its entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Judgment on Certificate of Taxation, Taxed Costs Enforcement, Interest on Advocate Client Costs, Execution on Decree
- 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
Civil Miscellaneous Application for Judgment on Taxed Advocates’ Costs / Ruling on an Unopposed Application
Legal Issues
- 1 Whether judgment should be entered for the applicant on the taxed 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 a decree should issue to enable execution on the certificate of taxation.
Ratio Decidendi
Because the application was duly served and remained unopposed, the court exercised its power under section 51(2) of the Advocates Act to enter judgment for the certified costs, award interest as claimed, authorize issuance of a decree on the certificate of taxation, and award the applicant the costs of the application.
Court Disposition
Application allowed in its entirety.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 80,815 being certified costs.
- 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
Ocharo Kebira & Co Advocates v African Merchant Assurance Co Ltd (Civil Miscellaneous E087 of 2025) [2026] KEHC 10599 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10599 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E087 of 2025 E Ominde, J July 8, 2026 Between Ocharo Kebira & Co Advocates Applicant and 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:a.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.b.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.c.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.d.That costs of this application totaling to Kshs. 50,000/= be awarded to the Advocates/Applicant and be borne by the Respondent. 2.The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on 30th January, 2026. 3.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. 4.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;a.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.b.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.c.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.d.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, 2026E. OMINDEJUDGE