https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10706
The application was unopposed, the certificate of taxation was not challenged, and the court therefore entered judgment for the taxed sum, allowed interest at 14% per annum from the date of filing, directed issuance of a decree, permitted execution, and awarded the application costs to the applicant.
Source-derived case information.
- Citation
- [2026] KEHC 10706 (KLR)
- Parties
- Applicant: Ocharo Kebira & Company Advocates; Respondent: African Merchant Assurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E025 of 2025
- Procedural Posture
- Civil Miscellaneous / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- Application allowed in entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Taxed Costs, Judgment on Certificate of Taxation, Interest on Advocates' Fees, Execution of Decree, 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 taxed costs under section 51(2) of the Advocates Act
- 2 Whether interest at 14% per annum should accrue from the date of filing until full payment
- 3 Whether a decree should issue and execution be permitted
Ratio Decidendi
The application was unopposed, the certificate of taxation was not challenged, and the court therefore entered judgment for the taxed sum, allowed interest at 14% per annum from the date of filing, directed issuance of a decree, permitted execution, and awarded the application costs to the applicant.
Court Disposition
Application allowed in entirety.
Orders
- Judgment entered for the applicant against the respondent in the sum of Kshs. 80,815.
- Interest to accrue on Kshs. 80,815 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 E025 of 2025) [2026] KEHC 10706 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10706 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E025 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 30th 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. 80,815/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 80,815/= 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 14th January 2026 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 30th 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 30th 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. 80,815/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 80,815/= 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 14th January 2026 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, 2026E. OMINDEJUDGE.