https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10757
The application was uncontested, and the court found no reason to deny judgment on the certified costs. It therefore entered judgment for Kshs. 81,815, allowed interest at 14% per annum from the date of filing until payment in full, directed issuance of a decree for execution, and awarded the applicant Kshs. 50,000...
Source-derived case information.
- Citation
- [2026] KEHC 10757 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E082 of 2025
- Procedural Posture
- Advocates' Costs Recovery Application / Ruling on Uncontested Application for Judgment on Taxed Costs
- Outcome
- Application allowed in entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed Costs, Certificate of Taxation, Judgment on Certificate of Costs, Interest on Advocate Client Costs, Execution on Decree
- 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 / Ruling on Uncontested Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered on the certificate of taxation under section 51(2) of the Advocates Act
- 2 Whether interest at 14% per annum should accrue on the taxed sum from the date of filing
- 3 Whether a decree should issue for execution
Ratio Decidendi
The application was uncontested, and the court found no reason to deny judgment on the certified costs. It therefore entered judgment for Kshs. 81,815, allowed interest at 14% per annum from the date of filing until payment in full, directed issuance of a decree for execution, and awarded the applicant Kshs. 50,000 as costs of the application.
Court Disposition
Application allowed in entirety
Orders
- Judgment entered for the applicant against the respondent for Kshs. 81,815 being certified costs.
- Interest shall 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** **HC. CIVIL MISC NO. E082 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. 81,815/= being certified costs due to the applicant as against the Respondent.** 3. **That interest does accrue on the sum of Kshs. 81,815/= 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 a decree be issued in respect of the Certificate of Taxation dated 15th December 2025 and that the Applicant be at liberty to execute for recovery of the same in such manner as a Decree of this Honourable Court.** 5. **That costs of this application totaling to Kshs. 50,000/= be awarded to the Advocates/Applicant and be borne by the Respondent.** 6. The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on 28th January, 2026. 7. Counsel for the Applicant Mr. Ntabo stated that the application was served upon the Respondents and no response to the same has been filed. He therefore prays that the same be allowed as prayed. Counsel for the Respondent Ms. Ayeira in her oral representations did not oppose the application. 8. 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; 9. **That Judgment is now hereby entered in favor of the Applicant against the Respondent for the sum of Kshs. 81,815/= being certified costs due to the applicant as against the Respondent.** 10. **That interest does accrue on the sum of Kshs. 81,815/= 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.** 11. **That a decree be issued in respect of the Certificate of Taxation dated 15th December 2025 and that the Applicant is at liberty to execute for recovery of the same in such manner as a Decree of this Honourable Court.** 12. **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 July, 2026** **E. OMINDE** **JUDGE**