Omwenga t/a Omwenga & Company Advocates v Kenya Orient Insurance Co. Ltd (Miscellaneous Application E064 of 2025) [2026] KEHC 13236 (KLR) (16 July 2026) (Ruling)
Because the Certificate of Taxation stood unchallenged, Section 51(2) of the Advocates Act empowered the Court to enter judgment for the certified sum, and there was no legal impediment to the relief sought; the Court also accepted the unopposed request for a 30-day stay of execution.
Source-derived case information.
- Citation
- [2026] KEHC 13236 (KLR)
- Parties
- Applicant/advocate: Duke O. Omwenga t/a Omwenga & Company Advocates; Respondent/client: Kenya Orient Insurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E064 of 2025
- Procedural Posture
- Advocates’ Remuneration/advocate Client Bill Enforcement / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- Application allowed
- Judges
- ["TW Cherere"]
- Legal Topics
- Certificate of Taxation, Judgment on Taxed Costs, Stay of Execution, Section 51(2) Advocates Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duke O. Omwenga t/a Omwenga & Company Advocates
Applicant/advocate
Kenya Orient Insurance Co. Ltd
Respondent/client
Procedural Posture
Advocates’ Remuneration/advocate Client Bill Enforcement / Ruling on Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the amount certified in the Certificate of Taxation
- 2 Whether execution should be stayed for 30 days
Ratio Decidendi
Because the Certificate of Taxation stood unchallenged, Section 51(2) of the Advocates Act empowered the Court to enter judgment for the certified sum, and there was no legal impediment to the relief sought; the Court also accepted the unopposed request for a 30-day stay of execution.
Court Disposition
Application allowed
Orders
- Judgment entered in favour of Duke O. Omwenga t/a Omwenga & Company Advocates against Kenya Orient Insurance Company Limited for Kshs. 201,788 together with interest as sought in the Motion.
- Execution of the decree stayed for 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Omwenga t/a Omwenga & Company Advocates v Kenya Orient Insurance Co. Ltd (Miscellaneous Application E064 of 2025) [2026] KEHC 13236 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 13236 (KLR) Republic of Kenya In the High Court at Nyamira Miscellaneous Application E064 of 2025 TW Cherere, J July 16, 2026 Between Duke O. Omwenga t/a Omwenga & Company Advocates Applicant and Kenya Orient Insurance Co. Ltd Respondent Ruling 1.The Court is called upon to determine the Notice of Motion dated 3rd June 2026 by Duke O. Omwenga t/a Omwenga & Company Advocates seeking judgment against the Client in the sum of Kshs. 201,788/=, being the amount certified in the Certificate of Taxation issued by the Deputy Registrar. 2.At the hearing of the Motion today, learned counsel for the Client, Ms. Langat, indicated that the application would not be contested. Counsel nonetheless urged the Court to suspend execution of the decree for thirty (30) days to allow the Client an opportunity to satisfy the judgment without the need for execution proceedings. 3.The Court has considered the Motion together with the position taken by the Client. A Certificate of Taxation has been issued and there is no suggestion that it has been set aside, varied or challenged. In those circumstances, Section 51(2) of the Advocates Act empowers the Court to enter judgment for the sum certified by the taxing officer. I find no legal impediment to granting the relief sought. 4.Accordingly, I make the following orders:1.Judgment is hereby entered in favour of Duke O. Omwenga t/a Omwenga & Company Advocates against Kenya Orient Insurance Company Limited in the sum of Kshs. 201,788/=, together with interest as sought in the Motion.2.Execution of the decree is hereby stayed for a period of thirty (30) days from today.3.The Advocate/Applicant shall have the costs of the application. DELIVERED AT NYAMIRA THIS 16TH DAY OF JULY 2026WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant - HildaFor Advocate/Applicant - Mr. Kamau for Omwenga & Co. AdvocatesFor Client/Respondent - Ms.Langat Advocates