https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10861
The application was allowed because it sought judgment on certified costs under section 51(2) of the Advocates Act, it was properly served, and it was not opposed. The court therefore entered judgment for Kshs. 56,060, ordered interest at 14% per annum from the date of filing until payment in full, and awarded the...
Source-derived case information.
- Citation
- [2026] KEHC 10861 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E054 of 2025
- Procedural Posture
- Advocates Act Bill/costs Judgment Application / Ruling on Unopposed Application
- Outcome
- Application allowed in full
- Judges
- ["E Ominde"]
- Legal Topics
- Remuneration of Advocates, Taxed/certified Costs, Judgment on Costs Certificate, Interest on 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 Act Bill/costs Judgment Application / Ruling on Unopposed Application
Legal Issues
- 1 Whether judgment should be entered for the 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 allowed because it sought judgment on certified costs under section 51(2) of the Advocates Act, it was properly served, and it was not opposed. The court therefore entered judgment for Kshs. 56,060, ordered interest at 14% per annum from the date of filing until payment in full, and awarded the applicant Kshs. 50,000 in costs of the application.
Court Disposition
Application allowed in full
Orders
- Judgment entered for the Applicant against the Respondent in the sum of Kshs. 56,060 as certified costs.
- Interest to accrue on Kshs. 56,060 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. E054 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 4th 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. 56,060/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 56,060/= 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 4th February, 2026. 6. 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. 7. I have considered the application dated 4th February, 2026 and the same having not been opposed, I now hereby allow the same 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. 56,060/= being certified costs due to the applicant as against the Respondent.** 9. **That interest does accrue on the sum of Kshs. 56,060/= 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.** **Read Dated and Signed at BUNGOMA on 8th day of July, 2026** **E. OMINDE** **JUDGE**