https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10854
The application was unopposed, and the court therefore entered judgment for the taxed sum, awarded interest at 14% per annum from the date of filing until payment in full, issued a decree on the certificate of taxation, and awarded costs of the application to the applicant.
Source-derived case information.
- Citation
- [2026] KEHC 10854 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E033 of 2025
- Procedural Posture
- Civil Miscellaneous Application for Judgment on a Certificate of Taxation Under Section 51(2) of the Advocates Act / Ruling
- Outcome
- Application allowed in its entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed Costs, Judgment on Certificate of Taxation, Interest on Costs, Execution
- 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
Civil Miscellaneous Application for Judgment on a Certificate of Taxation Under Section 51(2) of the Advocates Act / Ruling
Legal Issues
- 1 Whether judgment should be entered on the certificate of taxation under section 51(2) of the Advocates Act
- 2 Whether the applicant is entitled to interest at 14% per annum from the date of filing
- 3 Whether the applicant should be allowed to execute on the certificate of taxation
Ratio Decidendi
The application was unopposed, and the court therefore entered judgment for the taxed sum, awarded interest at 14% per annum from the date of filing until payment in full, issued a decree on the certificate of taxation, and awarded costs of the application to the applicant.
Court Disposition
Application allowed in its entirety.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 80,815/=.
- Interest on Kshs. 80,815/= awarded 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 E033 of 2025) [2026] KEHC 10854 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10854 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E033 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 30th 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. 80,815/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 80,815/= 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.c.That a decree be issued in respect of the Certificate of Taxation dated 14th January 2026 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 30th 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 30th 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. 80,815/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 80,815/= 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.c.That a decree be issued in respect of the Certificate of Taxation dated 14th January 2026 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