https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10424
The court found the application unopposed and allowed it in full, entering judgment for the certified costs of Kshs. 130,615, awarding interest at 14% per annum from the date of filing until payment in full, and granting costs of the application to the applicant.
Source-derived case information.
- Citation
- [2026] KEHC 10424 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E099 of 2025
- Procedural Posture
- Advocates’ Fees Recovery / Taxation Certificate Enforcement / Ruling on Unopposed Application for Judgment on Certified Costs
- Outcome
- Application allowed in its entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Section 51(2) Advocates Act, Certificate of Taxation, Interest on Advocate Client 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’ Fees Recovery / Taxation Certificate Enforcement / Ruling on Unopposed Application for Judgment on Certified Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant on the basis of certified costs under section 51(2) of the Advocates Act
- 2 Whether interest at 14% per annum from the date of filing is payable under paragraph 7 of the Advocates Remuneration Order
- 3 Whether the applicant is entitled to costs of the application
Ratio Decidendi
The court found the application unopposed and allowed it in full, entering judgment for the certified costs of Kshs. 130,615, awarding interest at 14% per annum from the date of filing until payment in full, and granting costs of the application to the applicant.
Court Disposition
Application allowed in its entirety
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs. 130,615 being certified costs.
- Interest on Kshs. 130,615 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. E099 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. 130,615/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 130,615/= 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 28th January, 2026. 6. Counsel for the Applicant Mr. Ntabo stated that the application dated 28th January 2026 that is coming up and they have agreed with Counsel 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 28th January, 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. 130,615/= being certified costs due to the applicant as against the Respondent.** 9. **That interest does accrue on the sum of Kshs. 130,615/= 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.** **Read Dated and Signed at BUNGOMA on 10th day of June, 2026** **E. OMINDE** **JUDGE**