https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10437
Because the application was unopposed and supported by a certificate of costs, the court entered judgment for the certified sum, awarded interest at 14% per annum from the date of filing until payment in full, and awarded the application costs to the applicant.
Source-derived case information.
- Citation
- [2026] KEHC 10437 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E084 of 2024
- Procedural Posture
- Advocates Act Certificate of Costs/enforcement Application / Ruling on Unopposed Application
- Outcome
- Application allowed in entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed/certified Costs, Judgment on Certificate of Costs, 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 Act Certificate of Costs/enforcement 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 run from the date of filing until payment in full
- 3 Whether costs of the application should be awarded to the applicant
Ratio Decidendi
Because the application was unopposed and supported by a certificate of costs, the court entered judgment for the certified sum, awarded interest at 14% per annum from the date of filing until payment in full, and awarded the application costs to the applicant.
Court Disposition
Application allowed in entirety.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 192,893 being certified costs.
- Interest on Kshs. 192,893 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. E084 OF 2024** **OCHARO KEBIRA & CO. ADVOCATES …………...…………. APPLICANT** **VERSUS** **AFRICAN MERCHANT ASSURANCE CO. LTD ………… RESPONDENT** **RULING** 1. Before this court is an application by the applicant dated 12th May, 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. 192,893/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 192,893/= 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 12th May, 2026. 6. Counsel for the Applicant Mr. Ntabo stated that the application dated 12th May 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 12th May, 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. 192,893/= being certified costs due to the applicant as against the Respondent.** 9. **That interest does accrue on the sum of Kshs. 192,893/= 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 E071/2025, E064/2025, E068/2025, E103/2025, E078/2025 and E099/2025** **Read Dated and Signed at BUNGOMA on 10th day of June, 2026** **E. OMINDE** **JUDGE**