https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10425
The court found the application unopposed and granted judgment for the applicant for Kshs. 132,615 in certified costs, together with interest at 14% per annum from the date of filing until payment in full, and awarded the applicant Kshs. 50,000 as costs of the application.
Source-derived case information.
- Citation
- [2026] KEHC 10425 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E103 of 2025
- Procedural Posture
- Advocates' Fees/costs Recovery Application / Ruling on Uncontested Application for Judgment on Certified Costs
- Outcome
- Application allowed in its entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed/certified Costs, Judgment Under Section 51(2) of the Advocates Act, Interest on Advocate Client Costs, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ocharo Kebira & Co. Advocates
Applicant
African Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Advocates' Fees/costs Recovery Application / Ruling on Uncontested Application for Judgment on Certified Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant on certified costs under section 51(2) of the Advocates Act.
- 2 Whether interest at 14% per annum should apply from the date of filing until payment in full.
- 3 Whether the applicant should receive the costs of the application.
Ratio Decidendi
The court found the application unopposed and granted judgment for the applicant for Kshs. 132,615 in certified costs, together with interest at 14% per annum from the date of filing until payment in full, and awarded the applicant Kshs. 50,000 as costs of the application.
Court Disposition
Application allowed in its entirety.
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs. 132,615 being certified costs.
- Interest on Kshs. 132,615 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. E103 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 16th September, 2025 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. 132,615/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 132,615/= 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 16th September, 2026. 6. Counsel for the Applicant Mr. Ntabo stated that the application dated 16th September 2025 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 16th September, 2025 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. 132,615/= being certified costs due to the applicant as against the Respondent.** 9. **That interest does accrue on the sum of Kshs. 132,615/= 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**