https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10439
The application was unopposed 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 granting the applicant the costs of the application.
Source-derived case information.
- Citation
- [2026] KEHC 10439 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E055 of 2025
- Procedural Posture
- Civil Miscellaneous Application for Judgment on Taxed Costs / Ruling
- Outcome
- Application allowed in entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Judgment on Certified Costs, Unopposed Application, Interest on Advocate Client Costs, Costs of 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
Civil Miscellaneous Application for Judgment on Taxed Costs / Ruling
Legal Issues
- 1 Whether judgment should be entered for the applicant 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 should be awarded costs of the application
Ratio Decidendi
The application was unopposed 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 granting the applicant the costs of the application.
Court Disposition
Application allowed in entirety
Orders
- Judgment entered for the applicant against the respondent for Kshs. 211,385 being certified costs.
- Interest to accrue on Kshs. 211,385 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 E055 of 2025) [2026] KEHC 10439 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 10439 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E055 of 2025 E Ominde, J June 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 12th March, 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. 211,385/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 211,385/= 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 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 12th March, 2026. 3.Counsel for the Applicant Ms. Kerubo stated that no response to the Application has been filed. She therefore prays that the same be allowed. Counsel for the Respondent Ms. Ayeira in her oral representations stated that she does not oppose the application. 4.I have considered the application dated 12th March, 2026 and the same having not been opposed, is hereby allowed 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. 211,385/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 211,385/= 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 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 JUNE, 2026E. OMINDEJUDGE