https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10436
The application for judgment on certified costs was unopposed, and the court therefore allowed it in full, entering judgment for the applicant, awarding contractual/statutory interest at 14% per annum from the date of filing, and granting the applicant the costs of the application.
Source-derived case information.
- Citation
- [2026] KEHC 10436 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E068 of 2025
- Procedural Posture
- Civil Miscellaneous Application for Judgment on Certified Costs Under Section 51(2) of the Advocates Act / Ruling on Unopposed Application
- Outcome
- Application allowed in entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed/certified Advocate Client Costs, Judgment on Certificate of Costs, Interest on Advocate's 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
Civil Miscellaneous Application for Judgment on Certified Costs Under Section 51(2) of the Advocates Act / Ruling on Unopposed Application
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 on the certified sum is payable at 14% per annum from the date of filing
- 3 Whether the applicant is entitled to costs of the application
Ratio Decidendi
The application for judgment on certified costs was unopposed, and the court therefore allowed it in full, entering judgment for the applicant, awarding contractual/statutory interest at 14% per annum from the date of filing, 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. 214,835 being certified costs.
- Interest to accrue on Kshs. 214,835 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 E068 of 2025) [2026] KEHC 10436 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 10436 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E068 of 2025 E Ominde, J June 10, 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 26th February, 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. 214,835/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 214,835/= 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 26th February, 2026. 3.Counsel for the Applicant Mr. Ntabo stated that the application dated 26th February 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. 4.I have considered the application dated 26th February, 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. 214,835/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 214,835/= 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 10TH DAY OF JUNE, 2026E. OMINDEJUDGE