https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10420
The application was unopposed, and the court therefore allowed it in full, entering judgment for the certified costs, awarding interest at 14% per annum from the date of filing until full payment, and awarding the applicant the costs of the application.
Source-derived case information.
- Citation
- [2026] KEHC 10420 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E139 of 2024
- Procedural Posture
- Advocates’ Costs Recovery Application Under Section 51(2) of the Advocates Act / Ruling on an Unopposed Application for Entry of Judgment on Certified Costs
- Outcome
- Application allowed in its entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed/certified Costs, Entry of Judgment Under Section 51(2) of the Advocates Act, Interest on Advocates' Costs, Costs of the 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’ Costs Recovery Application Under Section 51(2) of the Advocates Act / Ruling on an Unopposed Application for Entry of Judgment on Certified Costs
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 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 unopposed, and the court therefore allowed it in full, entering judgment for the certified costs, awarding interest at 14% per annum from the date of filing until full payment, and awarding the applicant the costs of the application.
Court Disposition
Application allowed in its entirety
Orders
- Judgment entered in favour of the applicant against the respondent for Kshs. 141,120 being certified costs.
- Interest on Kshs. 141,120 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. E139 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 March, 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. 141,120/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 141,120/= 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 March, 2026. 6. Counsel for the Applicant Ms. Kerubo stated that no response to the Application has been filed. She therefore prays that the same be allowed. Counsel for the Respondent Ms. Ayeira in her oral representations stated that she does not oppose the application. 7. I have considered the application dated 12th March, 2026 and the same having not been opposed, is hereby allowed 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. 141,120/= being certified costs due to the applicant as against the Respondent.** 9. **That interest does accrue on the sum of Kshs. 141,120/= 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 June, 2026** **E. OMINDE** **JUDGE**