https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10866
The application was duly served and remained unopposed; the court therefore allowed it in full and entered judgment for the taxed amount together with interest, issuance of a decree, liberty to execute, and costs.
Source-derived case information.
- Citation
- [2026] KEHC 10866 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E093 of 2025
- Procedural Posture
- Advocates Act Certificate of Taxation Enforcement / Recovery of Taxed Costs / Ruling on Unopposed Application for Judgment on a Certificate of Taxation
- Outcome
- Application allowed in entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed Costs, Judgment on Certificate of Taxation, Interest on Advocate Client Costs, Unopposed Application, Execution of 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 Act Certificate of Taxation Enforcement / Recovery of Taxed Costs / Ruling on Unopposed Application for Judgment on a Certificate of Taxation
Legal Issues
- 1 Whether judgment should be entered for the applicant on the certificate of taxation 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 granted leave to execute as on a decree of the court.
Ratio Decidendi
The application was duly served and remained unopposed; the court therefore allowed it in full and entered judgment for the taxed amount together with interest, issuance of a decree, liberty to execute, and costs.
Court Disposition
Application allowed in entirety.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 58,315/= as certified costs.
- Interest to accrue on Kshs. 58,315/= 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 E093 of 2025) [2026] KEHC 10866 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10866 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E093 of 2025 E Ominde, J July 8, 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 28th January 2026 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. 58,315/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 58,315/= 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 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.d.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 28th January, 2026. 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. 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. 4.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;a.That Judgment is now hereby entered in favor of the Applicant against the Respondent for the sum of Kshs. 58,315/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 58,315/= 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 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.d.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, 2026E. OMINDEJUDGE