https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9094
The application was allowed because the applicants had a valid certificate of costs arising from consent taxation, the respondent did not oppose the motion despite service, and the court treated the request as a straightforward enforcement of a lawful order warranting adoption of the taxed amount as judgment...
Source-derived case information.
- Citation
- [2026] KEHC 9094 (KLR)
- Parties
- Applicants: Ocharo Kebira & Company Advocates; Respondent: Africa Merchant Assurance Company Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E224 of 2024
- Procedural Posture
- Miscellaneous Civil Application for Adoption of Taxed Costs as Judgment / Judgment
- Outcome
- Application allowed; judgment entered for the applicants.
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Adoption of Certificate of Costs as Judgment, Taxation by Consent, Interest on Certified Costs, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ocharo Kebira & Company Advocates
Applicants
Africa Merchant Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Civil Application for Adoption of Taxed Costs as Judgment / Judgment
Legal Issues
- 1 Whether the certified costs of Kshs. 96,075 should be adopted as judgment of the court
- 2 Whether interest at 14% per annum accrues from 15/8/2024
- 3 Whether the application should succeed where there was no response from the respondent
Ratio Decidendi
The application was allowed because the applicants had a valid certificate of costs arising from consent taxation, the respondent did not oppose the motion despite service, and the court treated the request as a straightforward enforcement of a lawful order warranting adoption of the taxed amount as judgment together with interest and costs.
Court Disposition
Application allowed; judgment entered for the applicants.
Orders
- Kshs. 96,075 certified costs adopted as judgment against the respondent.
- Interest to accrue on Kshs. 96,075 at 14% per annum from 15/8/2024 until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAKURU** **MISCELLANEOUS CIVIL APPLICATION NO. E224 OF 2024** **OCHARO KEBIRA & COMPANY ADVOCATES ---------- APPLICANTS** **VERSUS** **AFRICA MERCHANT ASSURANCE COMPANY** **LIMITED----------------------------------------------------------- RESPONDENT** **JUDGMENT** 1. By Notice of Motion dated 1/12/2025 the Applicant seeks relief as hereunder;- * + 1. **THAT the Court be pleased to order that the amount of Kshs. 96,075.00/= only being certified costs due to the Applicant be adopted as Judgment against the Respondent.** 2. **THAT interest does accrue on the said sum of Kshs. 96,075/= at the rate of 14% per annum, with effect from 15/8/2024 until payment shall have been made in full, as prescribed in paragraph 7 of the Advocates Remuneration Order.** 3. **THAT the costs of this Application totaling Kshs. 80,000/= be awarded to the Advocates/ Applicants and be borne by the Respondent.** 4. The Application is supported by affidavit of the Applicants’ Advocate (Erick Ntabo). It is averred that the Application seeks enforcement of a certificate of costs herein issued in favour of the Applicants through a consent order of the Deputy Registrar of this court given on 24/4/2025 upon taxation of the Applicants’ Advocate/Client Advocate Bill of Costs dated 15/3/2024. The Bill of Costs was by consent taxed in the sum of Kshs. 96,075/=. 5. There is evidence of service of the Application upon the Respondent but no reply has been filed. The Application is thus deemed as unopposed. Indeed it is inconceivable that the Application could be opposed as it is intended to enforce a lawful court order. 6. The Application is allowed as prayed, and Judgement entered accordingly. **J. M. NANG’EA, JUDGE.** **Judgment delivered virtually this 22nd day of June 2026 in the presence of:** **The Applicants’ Advocate, Ms Cheruiyot for Mr Ntabo.** **C/A (Jeniffer)** **J. M. NANG’EA, JUDGE.**