Ocharo Kebira & Company Advocates v African Merchant Assurance Company Ltd (Civil Miscellaneous E042 of 2025) [2026] KEHC 10703 (KLR) (8 July 2026) (Ruling)
The application was properly served, remained unopposed, and the certified costs were payable; the court therefore entered judgment for the applicant, awarded interest at 14% per annum from filing until payment in full, and granted the applicant the costs of the application.
Source-derived case information.
- Citation
- [2026] KEHC 10703 (KLR)
- Parties
- Applicant: Ocharo Kebira & Company Advocates; Respondent: African Merchant Assurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E042 of 2025
- Procedural Posture
- Civil Miscellaneous Application for Judgment on Taxed Costs / Ruling
- Outcome
- Application allowed in its entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Judgment on Certified Costs, Interest on Advocates' Costs, Unopposed Application, Section 51(2) Advocates Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ocharo Kebira & Company Advocates
Applicant
African Merchant Assurance Company Ltd
Respondent
Procedural Posture
Civil Miscellaneous Application for Judgment on Taxed Costs / Ruling
Legal Issues
- 1 Whether judgment should be entered for the applicant on certified costs under section 51(2) of the Advocates Act
- 2 Whether interest at 14% per annum was payable from the date of filing until payment in full
- 3 Whether the applicant was entitled to costs of the application
Ratio Decidendi
The application was properly served, remained unopposed, and the certified costs were payable; the court therefore entered judgment for the applicant, awarded interest at 14% per annum from filing until payment in full, and granted the applicant the costs of the application.
Court Disposition
Application allowed in its entirety
Orders
- Judgment entered for the applicant against the respondent for Kshs. 125,615 as certified costs.
- Interest on Kshs. 125,615 to accrue 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 E042 of 2025) [2026] KEHC 10703 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10703 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E042 of 2025 E Ominde, J July 8, 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 4th 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. 125,615/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 125,615/= 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 4th February, 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 4th 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. 125,615/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 125,615/= 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. conclusionsREAD DATED AND SIGNED AT BUNGOMA ON 8TH DAY OF JULY, 2026E. OMINDEJUDGE