Omwenga t/a Omwenga & Co. Advocates v Kenya Orient Insurance Co. Ltd (Miscellaneous Case E076 of 2025) [2026] KEHC 13264 (KLR) (30 July 2026) (Ruling)
The application was incompetent because the three Advocate-Client Bills of Costs had been taxed in separate miscellaneous applications and each produced a distinct Certificate of Costs; therefore, judgment could not properly be sought by one consolidated motion across the three files, and separate applications had...
Source-derived case information.
- Citation
- [2026] KEHC 13264 (KLR)
- Parties
- Applicant: Duke O. Omwenga T/A Omwenga & Co. Advocates; Respondent: Kenya Orient Insurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E076 of 2025
- Procedural Posture
- Advocate Client Costs / Ruling on Notice of Motion for Entry of Judgment Under Section 51(2) of the Advocates Act
- Outcome
- Notice of Motion struck out
- Judges
- ["TW Cherere"]
- Legal Topics
- Entry of Judgment on Taxed Costs, Advocate Client Bill of Costs, Consolidation of Miscellaneous Applications, Certificate of Costs, Competence of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duke O. Omwenga T/A Omwenga & Co. Advocates
Applicant
Kenya Orient Insurance Co. Ltd
Respondent
Procedural Posture
Advocate Client Costs / Ruling on Notice of Motion for Entry of Judgment Under Section 51(2) of the Advocates Act
Legal Issues
- 1 Whether judgment could be entered under section 51(2) of the Advocates Act on aggregate Certificates of Costs arising from three separate miscellaneous files
- 2 Whether the Applicant could properly seek consolidation of HCCCMISC E076, E078 and E083 of 2025 for purposes of judgment
Ratio Decidendi
The application was incompetent because the three Advocate-Client Bills of Costs had been taxed in separate miscellaneous applications and each produced a distinct Certificate of Costs; therefore, judgment could not properly be sought by one consolidated motion across the three files, and separate applications had to be filed in each matter.
Court Disposition
Notice of Motion struck out
Orders
- The Notice of Motion dated 18th June 2026 is struck out.
- The Applicant is at liberty to file separate applications under section 51(2) of the Advocates Act in HCCCMISC E076, HCCCMISC E078 and HCCCMISC E083 of 2025 respectively.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCCMISC E076 OF 2025** **BETWEEN** **DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES.................................................................................APPLICANT** **AND** **KENYA ORIENT INSURANCE CO. LTD...........................RESPONDENT** **RULING** 1. The Notice of Motion dated 18th June 2026 seeks entry of judgment under section 51(2) of the Advocates Act. It is expressed to be brought under sections 1A, 1B, 3A and 27(2) of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law. The application is supported by the affidavit of Duke O. Omwenga sworn on the same date. 2. The Applicant seeks judgment for KES 671,988, being the aggregate amount reflected in the Certificates of Costs issued in HCCCMISC E076, E078 and E083 of 2025, together with interest, a decree and the costs of the application. 3. The Applicant asks the Court to consolidate HCCCMISC E076, E078 and E083 of 2025 and thereafter enter judgment for the combined amount of the three Certificates of Costs. 4. Although the parties are common to all the matters, each Advocate–Client Bill of Costs was taxed in a separate miscellaneous application and resulted in a distinct Certificate of Costs. It follows that the procedure adopted by the Applicant is incompetent. If judgment is sought on the Certificates of Costs issued in HCCCMISC E076, E078 and E083 of 2025, separate applications must be presented in each of those files. 5. The Notice of Motion dated 18th June 2026 is accordingly struck out. The Applicant is at liberty to file separate applications under section 51(2) of the Advocates Act in HCCCMISC E076, E078 and E083 of 2025 respectively. **DELIVERED AT NYAMIRA THIS 30th DAY OF July 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Hilda** **For Appellant - Mr. Khaemba for Omwenga & Co. Advocates** **For Respondent – Ms. Langat for Onyinkwa & Co. Advocates**