Omwenga t/a Omwenga & Co. Advocates v Kenya Orient Insurance Company Ltd (Miscellaneous Case E082 of 2025) [2026] KEHC 13265 (KLR) (20 July 2026) (Ruling)
The court held that although the parties were the same, each bill of costs was taxed separately in a distinct matter and produced its own Certificate of Costs, which could not be merged. Section 51(2) of the Advocates Act only supports judgment on a certificate in the specific file from which it arose, so the...
Source-derived case information.
- Citation
- [2026] KEHC 13265 (KLR)
- Parties
- Applicant: Duke O. Omwenga T/A Omwenga & Co. Advocates; Respondent: Kenya Orient Insurance Company Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E082 of 2025
- Procedural Posture
- Advocate Client Miscellaneous Application / Ruling on Notice of Motion for Consolidation and Entry of Judgment
- Outcome
- Notice of Motion dismissed with costs.
- Judges
- ["TW Cherere"]
- Legal Topics
- Taxation of Costs, Consolidation of Proceedings, Entry of Judgment on Certificate of Costs, Separate Certificates of Costs in Separate Files
- 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 Company Limited
Respondent
Procedural Posture
Advocate Client Miscellaneous Application / Ruling on Notice of Motion for Consolidation and Entry of Judgment
Legal Issues
- 1 Whether separate advocate-client taxation matters can be consolidated after taxation for purposes of a single judgment
- 2 Whether section 51(2) of the Advocates Act allows entry of one composite judgment founded on multiple certificates of costs issued in different files
Ratio Decidendi
The court held that although the parties were the same, each bill of costs was taxed separately in a distinct matter and produced its own Certificate of Costs, which could not be merged. Section 51(2) of the Advocates Act only supports judgment on a certificate in the specific file from which it arose, so the request for consolidation and a composite judgment had no legal basis. The motion was therefore dismissed.
Court Disposition
Notice of Motion dismissed with costs.
Orders
- The Notice of Motion dated 23rd June 2026 is dismissed with costs.
- The Applicant may seek judgment separately in Nyamira HC Miscellaneous Civil Applications Nos. E071, E075, E077 and E082 of 2025, each on its own Certificate of Costs.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCCMISC E082 OF 2025** **BETWEEN** **DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES.................................................................................APPLICANT** **AND** **KENYA ORIENT INSURANCE COMPANY LIMITED....................................................................................RESPONDENT** **RULING** 1. The Applicant, by the Notice of Motion dated 23rd June 2026, seeks an order consolidating Nyamira HC Miscellaneous Civil Applications Nos. E071, E075, E077 and E082 of 2025 and, upon such consolidation, entry of judgment for the aggregate sum of KES. 779,734 together with interest and costs. The application is supported by the affidavit of Duke O. Omwenga sworn on the same date. 2. The Applicant states that the Advocate–Client Bills of Costs in the four matters were taxed on 11th June 2026 and Certificates of Costs issued on 19th June 2026. It contends that, since the parties are common in all the matters, the court should consolidate the proceedings and enter judgment for the cumulative amount certified. 3. I have considered the application, the supporting affidavit, the four Certificates of Costs dated 19th June 2026 and the accompanying documents. Although the parties are the same, each Advocate–Client Bill of Costs arose from a separate matter, was taxed independently, and resulted in a distinct Certificate of Costs. Each certificate derives its validity from the proceedings in which it was issued and cannot be combined with certificates issued in other files. 4. Section 51(2) of the Advocates Act contemplates entry of judgment on the Certificate of Costs issued in a particular matter. It does not authorize the consolidation of separate taxation proceedings or the entry of one composite judgment founded on several certificates issued in different causes. 5. Equally, consolidation is intended to facilitate the determination of pending proceedings involving common questions of law or fact. It is not a mechanism for merging concluded proceedings that have already culminated in separate Certificates of Costs for purposes of obtaining a single judgment. 6. The proper course is for the Applicant to seek judgment separately in Nyamira HC Miscellaneous Civil Applications Nos. E071, E075, E077 and E082 of 2025, each founded on the Certificate of Costs issued in that file. 7. Consequently, I find no merit in the Notice of Motion dated 23rd June 2026. It is dismissed with costs. **DELIVERED AT NYAMIRA THIS 20th DAY OF July 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Hilda** **For Advocate/Applicant - Mr. Khaemba for Omwenga & Co. Advocates** **For Client/Respondent - N/A**