Omwenga t/a Omwenga & Company Advocates v Kenya Orient Insurance Co. Ltd (Miscellaneous Case E063 of 2025) [2026] KEHC 13263 (KLR) (20 July 2026) (Ruling)
The court entered judgment for the advocate because the advocate-client bill had been taxed at KES 100,172, a certificate of costs had issued, and no reference had been filed against the taxation; the respondent did not oppose the application, so the court granted judgment, interest, and a 30-day stay of execution.
Source-derived case information.
- Citation
- [2026] KEHC 13263 (KLR)
- Parties
- Advocate/applicant: Duke O. Omwenga t/a Omwenga & Company Advocates; Client/respondent: Kenya Orient Insurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E063 of 2025
- Procedural Posture
- Advocate Client Taxation Matter / Ruling on Application for Judgment After Taxation
- Outcome
- Application allowed; judgment entered for the Applicant with interest and a limited stay of execution.
- Judges
- ["TW Cherere"]
- Legal Topics
- Advocate Client Bill of Costs, Taxation of Costs, Judgment on Taxed Costs, Interest on Costs, Stay of Execution
- 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
Advocate/applicant
Kenya Orient Insurance Co. Ltd
Client/respondent
Procedural Posture
Advocate Client Taxation Matter / Ruling on Application for Judgment After Taxation
Legal Issues
- 1 Whether judgment should be entered for the advocate for the taxed amount in the absence of a reference against taxation.
- 2 Whether interest at 14% per annum was payable on the taxed sum from 20th April 2026.
- 3 Whether execution should be stayed for 30 days to allow settlement.
Ratio Decidendi
The court entered judgment for the advocate because the advocate-client bill had been taxed at KES 100,172, a certificate of costs had issued, and no reference had been filed against the taxation; the respondent did not oppose the application, so the court granted judgment, interest, and a 30-day stay of execution.
Court Disposition
Application allowed; judgment entered for the Applicant with interest and a limited stay of execution.
Orders
- Judgment entered for the Applicant against the Respondent in the sum of Kshs. 100,172.
- Interest awarded at 14% per annum from 20th April 2026 until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCCMISC E063 OF 2025** **BETWEEN** **DUKE O. OMWENGA t/a OMWENGA & COMPANY ADVOCATES.......................................................ADVOCATE/APPLICANT** **AND** **KENYA ORIENT INSURANCE CO. LTD..........CLIENT/RESPONDENT** **RULING** 1. By the Notice of Motion dated 26th May 2026, the Applicant seeks judgment for KES. 100,172, the amount certified in the Certificate of Costs issued on 27th April 2026, together with interest at 14% per annum from 20th April 2026 until payment in full and the costs of the application. 2. The application is founded on the taxation of the Advocate–Client Bill of Costs dated 16th October 2025 in respect of legal services rendered in Keroka PMCC No. 149 of 2017, Agnes Kwamboka Nyabando v Muthoka Itaa Elvis & Another. The Bill was taxed on 20th April 2026 at KES 100,172, following which a Certificate of Costs was issued on 27th April 2026. No reference has been lodged against that taxation. 3. At the hearing of the Motion, Ms. Mokeira, learned counsel for the Respondent, informed the Court that the application would not be opposed. She, however, requested that execution be stayed for thirty (30) days to enable the Respondent to settle the decretal sum which application Mr. Kamau for the applicant did not oppose. 4. In the result, 5. **Judgment is entered for the Applicant against the Respondent in the sum of Kshs. 100,172, together with interest at 14% per annum from 20th April 2026 until payment in full.** 6. **Execution of the decree is stayed for thirty (30) days from the date of this ruling.** 7. **The Applicant shall also have the costs of the Notice of Motion dated 26th May 2026** **DELIVERED AT NYAMIRA THIS 20th DAY OF July 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant - Hilda** **For Advocate/Applicant - Mr. Kamau for Omwenga & Co. Advocates** **For Client/Respondent - Ms.Mokeira for Onyinkwa & Co. Advocates**