https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10758
The application was unopposed, and the court allowed it in full, entering judgment for the certified costs, awarding interest at 14% per annum from the date of filing until payment in full, and granting costs of the application to the Applicant.
Source-derived case information.
- Citation
- [2026] KEHC 10758 (KLR)
- Parties
- Applicant: Ocharo Kebira & Company Advocates; Respondent: African Merchant Assurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E060 of 2024
- Procedural Posture
- Civil Miscellaneous / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed in entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Certificate of Costs, Judgment on Taxed 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 & Company Advocates
Applicant
African Merchant Assurance Company Ltd
Respondent
Procedural Posture
Civil Miscellaneous / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the certified costs due to the Applicant
- 2 Whether interest at 14% per annum should accrue from the date of filing until payment in full
- 3 Whether the Applicant should be awarded costs of the application
Ratio Decidendi
The application was unopposed, and the court allowed it in full, entering judgment for the certified costs, awarding interest at 14% per annum from the date of filing until payment in full, and granting costs of the application to the Applicant.
Court Disposition
Application allowed in entirety.
Orders
- Judgment entered for the Applicant against the Respondent in the sum of Kshs. 80,715/= as certified costs.
- Interest to accrue on Kshs. 80,715/= 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 & Company Advocates v African Merchant Assurance Company Ltd (Civil Miscellaneous E060 of 2024) [2026] KEHC 10758 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10758 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E060 of 2024 E Ominde, J July 9, 2026 Between Ocharo Kebira & Company Advocates Applicant and African Merchant Assurance Company Ltd Respondent Ruling 1.Before this court is an application by the applicant dated 15th April, 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. 80,715/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 80,715/= 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 15th April, 2026. 3.Counsel for the Applicant Ms. Omollo 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. Counsel for the Respondent Ms. Ayeira in her oral representations did not oppose the Application. 4.I have considered the application dated 15th April, 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. 80,715/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 80,715/= 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 9TH DAY OF JULY, 2026E. OMINDEJUDGE