https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10427
The application was unopposed, and the court therefore allowed it in full and entered judgment for the certified costs, together with interest and the costs of the application.
Source-derived case information.
- Citation
- [2026] KEHC 10427 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E081 of 2025
- Procedural Posture
- Advocates’ Costs Taxation/enforcement Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
- Outcome
- Application allowed in entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Judgment on Taxed/ प्रमाणित Costs, Advocates Act Section 51(2), Interest on Advocates’ 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’ Costs Taxation/enforcement Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant on the certified costs under section 51(2) of the Advocates Act.
- 2 Whether interest and application costs should be awarded.
- 3 Whether the relief should extend to related files in the series.
Ratio Decidendi
The application was unopposed, and the court therefore allowed it in full and entered judgment for the certified costs, together with interest and the costs of the application.
Court Disposition
Application allowed in entirety.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 81,615 as certified costs.
- Interest on Kshs. 81,615 to accrue 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** **CIVIL MISC NO. E081 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 26th 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. 81,615/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 81,615/= 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 26th February, 2026. 6. 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. 7. I have considered the application dated 26th February, 2026 and the same having not been opposed, is hereby allowed 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. 81,615/= being certified costs due to the applicant as against the Respondent.** 9. **That interest does accrue on the sum of Kshs. 81,615/= 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.** 11. **That these orders shall also apply to the following files that form part of the series E139/2024 and E125/2025** **Read Dated and Signed at BUNGOMA on 8th day of June, 2026** **E. OMINDE** **JUDGE**