https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10431
The application was unopposed, and the court therefore allowed it in full and entered judgment for the certified costs, together with interest and the costs of the application, in terms of the reliefs sought.
Source-derived case information.
- Citation
- [2026] KEHC 10431 (KLR)
- Parties
- Applicant: Ocharo Kebira & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E064 of 2025
- Procedural Posture
- Civil Miscellaneous / Ruling on Unopposed Application for Judgment on Certified Costs
- Outcome
- Application allowed in entirety; judgment entered for the applicant.
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed or Certified Costs, Judgment on Certificate of Costs, Interest on Advocate Client Costs, Unopposed 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
Civil Miscellaneous / Ruling on Unopposed Application for 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 is payable from the date of filing until payment in full
- 3 Whether the applicant is entitled to costs of the application
Ratio Decidendi
The application was unopposed, and the court therefore allowed it in full and entered judgment for the certified costs, together with interest and the costs of the application, in terms of the reliefs sought.
Court Disposition
Application allowed in entirety; judgment entered for the applicant.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 100,810 being certified costs.
- Interest to accrue on Kshs. 100,810 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 E064 of 2025) [2026] KEHC 10431 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 10431 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E064 of 2025 E Ominde, J June 10, 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 26th February, 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. 100,810/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 100,810/= 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 26th February, 2026. 3.Counsel for the Applicant Mr. Ntabo stated that the application dated 26th February 2026 that is coming up and they have agreed with Counsel 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 26th February, 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. 100,810/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 100,810/= 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. READ DATED AND SIGNED AT BUNGOMA ON 10TH DAY OF JUNE, 2026E. OMINDEJUDGE