https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10724
The application was unopposed, and the court accepted the certificate of taxation as the basis for judgment. On that footing, the court entered judgment for the certified sum, allowed interest at 14% per annum from the date of filing until full payment, ordered issuance of a decree, and awarded the applicant the...
Source-derived case information.
- Citation
- [2026] KEHC 10724 (KLR)
- Parties
- Applicant: Ocharo Kebira & Company Advocates; Respondent: African Merchant Assurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E097 of 2025
- Procedural Posture
- Advocates Remuneration / Taxation Recovery / Ruling on Unopposed Application for Entry of Judgment on Taxed Costs
- Outcome
- Application allowed in entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Section 51(2) Advocates Act, Certificate of Taxation, Entry of Judgment for Taxed Costs, Interest on Advocate Client Costs, Execution on Decree
- 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
Advocates Remuneration / Taxation Recovery / Ruling on Unopposed Application for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant on the basis of the certificate of taxation.
- 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 a decree and leave to execute for recovery of the taxed costs.
Ratio Decidendi
The application was unopposed, and the court accepted the certificate of taxation as the basis for judgment. On that footing, the court entered judgment for the certified sum, allowed interest at 14% per annum from the date of filing until full payment, ordered issuance of a decree, and awarded the applicant the costs of the application.
Court Disposition
Application allowed in entirety.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 58,315/= being certified costs.
- Interest on Kshs. 58,315/= 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 E097 of 2025) [2026] KEHC 10724 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10724 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E097 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 28th 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. 58,315/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 58,315/= 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 15th December 2025 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 28th 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 28th 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. 58,315/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 58,315/= 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 15th December 2025 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, 2026.E. OMINDEJUDGE