https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7924
The application was unopposed on the substantive prayer for judgment, the costs had already been certified and remained unpaid, and there was no basis advanced to justify a stay of execution; therefore judgment was entered for the certified sum, interest and costs were awarded, and the stay request was rejected.
Source-derived case information.
- Citation
- [2026] KEHC 7924 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co Advocates; Respondent: African Merchant Assurance Co Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E049 of 2024
- Procedural Posture
- Advocates’ Costs Recovery Application Under Section 51(2) of the Advocates Act / Ruling on Unopposed Application With Oral Request for Stay of Execution
- Outcome
- Application allowed in its entirety save for the oral prayer for stay of execution, which was denied.
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed Costs, Judgment on Certificate of Costs, Interest on Advocate Client Costs, Stay of Execution, Section 51(2) Advocates Act
- 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 Unopposed Application With Oral Request for Stay of Execution
Legal Issues
- 1 Whether judgment should be entered for the applicant on the certified costs
- 2 Whether interest at 14% per annum was payable from the date of filing until payment in full
- 3 Whether costs of the application should be awarded to the applicant
Ratio Decidendi
The application was unopposed on the substantive prayer for judgment, the costs had already been certified and remained unpaid, and there was no basis advanced to justify a stay of execution; therefore judgment was entered for the certified sum, interest and costs were awarded, and the stay request was rejected.
Court Disposition
Application allowed in its entirety save for the oral prayer for stay of execution, which was denied.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 169,387 being certified costs.
- Interest to accrue on Kshs. 169,387 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 E049 of 2024) [2026] KEHC 7924 (KLR) (13 May 2026) (Ruling) Neutral citation: [2026] KEHC 7924 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E049 of 2024 E Ominde, J May 13, 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 12th May 2025 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. 169,387/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 169,387/= 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 12th May 2025. 3.Counsel for the Applicant Mr. Ntabo stated that the application was served upon the Respondents and no response to the same has been filed to date. He therefore prays that the same be allowed as prayed. 4.Counsel for the Respondent Ms. Ayeira in her oral representations did not oppose the application but prays that a stay of execution does issue. 5.Counsel for the Applicant Mr. Ntabo opposed the oral application for stay stating this application arose out of a Certificate of Costs that was taxed by consent way back in November of 2024. That the Respondents did not file any Reference to that application. Further, that an application for review filed by them was dismissed on 16th March 2026. That the bill was taxed more than one and a half years ago and the Respondents have never paid anything and so this is simply an attempt to deny the Applicant the opportunity to enjoy the fruits of his Judgment once again and so he prays that the court rejects it. 6.In her rejoinder, Ms. Ayeira stated that they did not settle any fees because litigation was still ongoing and so in the interest of justice, she prays that the stay be issued to enable the respondent to arrange on how the payment is to be made. 7.I have considered the application dated 12th May 2025 and the representations made for and against the same and in the circumstances that it is not opposed and 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. 169,387/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 169,387/= 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.d.That an order of stay of execution is not merited and the same is therefore denied. READ DATED AND SIGNED AT BUNGOMA ON 13TH DAY OF MAY, 2026E. OMINDEJUDGE