https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11112

**REPUBLIC OF KENYA** **IN THE HIGH COURT AT ELDORET** **CIVIL MISC. APPLICATION NO. E310 OF 2025** **DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES ................... ADVOCATE/APPLICANT** **=VERSUS=** **KENYA ORIENT INSURANCE LTD. ............... CLIENT/RESPONDENT** **RULING** 1. Before Court is a notice of motion brought under Section 51 (2) of the Advocates Act Cap 16 Laws of Kenya Sections 1A, 1B, 3A, and 27(2) of the Civil Procedure Act and Order 51 rule 1 of the Civil Procedure Rules, 2010 and all other Enabling Provisions of the Law. The Applicant is seeking for orders that: 2. Spent. 3. This suit be consolidated together with ELDORET HC MISC APPLICATIONS NOS. E310, E330 and E331 ALL OF 2025; DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES VS KENYA ORIENT INSURANCE LIMITED for purposes of hearing and determination of this application. 4. The Honourable Court be pleased to enter judgement for the total sum of Kshs. 335,336/=, being the total amount as per the Certificates of costs issued on 29.4.2026 by the Deputy Registrar in all related files as consolidated in prayer (2) above namely; E310, E330 and E331 ALL OF 2025; DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES VS KENYA ORIENT INSURANCE LIMITED. 5. The Honourable Court be pleased to award the Advocate/Applicant interest on the sum of Kshs. 335,336/=, at the rate of 14% per annum as from 26.3.2026 being the date when the taxing master assessed the costs in all the related files in (3) above until payment in full. 6. Upon entry of judgement, the Court do issue a decree for the total sum of Kshs. 335,336/=, plus the accrued interest as per prayer (4) above. 7. The costs of the suit and this Application be awarded to the Advocate/Applicant. 8. The application is based on the following grounds: - 9. THAT this suit be consolidated together with the matters below for purposes of hearing and determination of this application; a. ELDORET HC CIVIL MISC APPLICATION NO. E310 OF 2025 b. ELDORET HC CIVIL MISC APPLICATION NO. E330 OF 2025 c. ELDORET HC CIVIL MISC APPLICATION NO. E331 OF 2025. 10. THAT the above mentioned suits raises similar issues of law and fact warranting consolidation for efficient and expeditious disposal. 11. THAT the parties in the all consolidated matters are similar i.e DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES VS KENYA ORIENT INSURANCE LIMITED. 12. THAT the consolidation of these suits is necessary to avoid multiplicity of proceedings. 13. THAT the consolidation of these suits will facilitate expeditiously disposal of these matters and save judicial time. 14. THAT no prejudice will be occasioned to the Respondent if the suits are consolidated. 15. THAT the Advocates on record for parties in the all mentioned matters above are the same. 16. THAT on 26.3.2026, the Advocate-Client bills of costs in respect of services rendered in various matters were assessed and respective certificates of costs issued vide the following suits as follows; a. ELDORET HC CIVIL MISC APPLICATION NO. E310 OF 2025- Kshs. 149,359/= b. ELDORET HC CIVIL MISC APPLICATION NO. E330 OF 2025- Kshs. 124,932/= c. ELDORET HC CIVIL MISC APPLICATION NO. E331 OF 2025- Kshs. 61,045/= Total Kshs. 335,336/=. 17. THAT the said assessed costs therefore total to Kshs. 335,336/=, being fees owed by the Respondent in respect of above matters. 18. THAT on 26.3.2026 and 14.4.2026 respectively, the Respondent was notified of the rulings and advised that in default of paying the assessed costs within 30 days, then the same was to start attracting interest at the rate of 14% from 26.3.2026 and 14.4.2026 respectively being the date of the delivery of the rulings on taxation until payment in full. 19. THAT Certificates of costs for the assessed sum totalling to Kshs. 335,336/= in all the three (3) matters mentioned in paragraph 8 above were issued by the Deputy Registrar on 26.3.2026 and 14.4.2026 respectively. 20. THAT there are no references filed against any of the rulings of the taxing master delivered on 26.3.2026 and 14.4.2026 respectively in all the above said matters mentioned in paragraph 8 above. 21. THAT to date, the Client/Respondent has not paid and/or settled the said amount, despite having been served with the ruling on costs delivered on 26.3.2026 and 14.4.2026 respectively on the same date. 22. THAT the Advocate/Applicant prays that the Honourable Court be pleased to enter judgement for the total sum of Kshs. 335,336/=, as per the Certificates of costs issued on 29.4.2026 by the Deputy Registrar in all related files as consolidated namely; E310, E330 and E331 ALL OF 2025 and issue a decree for the said sum to enable the Advocate/Applicant to execute against the Client/Respondent. 23. THAT the Honourable Court be pleased to award the Advocate/Applicant interest on the total sum of Kshs. 335,336/=, at the rate of 14% per annum from 26.3.2026 and 14.4.2026 respectively being the dates when the taxing master assessed the costs until payment in full. 24. THAT the Honourable Court do issue a decree for the total sum of Kshs. 335,336/= plus the accrued interest to enable the Advocate/Applicant recover the money from the Client/Respondent. 25. THAT the costs of the suit and this application be awarded to the Advocate/Applicant. 26. THAT it is fair and just that this application be allowed as prayed. 27. THAT this Honourable Court is seized with unfettered discretion to grant the orders sought. 28. In the supporting affidavit, Duke O. Omwenga, an advocate, requests the consolidation of three related matters (E310, E330, and E331 of 2025) against Kenya Orient Insurance Limited to avoid a multiplicity of proceedings and save judicial time, as they involve identical parties and similar issues of law and fact. He deposes that following the assessment of Advocate-Client bills of costs, which totaled Kshs.335,336, the respondent was notified of the rulings and advised that the sum would attract 14% interest per annum if not settled within 30 days. Despite the issuance of certificates of costs by the Deputy Registrar on April 29, 2026, and the absence of any references filed against the taxing master's rulings, the respondent has failed to pay the assessed amount. Consequently, the applicant seeks a court judgment for the total sum plus interest and a decree to facilitate recovery of the funds from the respondent. 29. Although served, the Respondent neither filed a replying affidavit nor grounds of opposition to challenge the application. Consequently, the factual depositions by the Applicant remain uncontroverted. **Issues for Determination** 1. The issues falling for determination are: 2. Whether this matter should be consolidated with Eldoret High Court Civil Miscellaneous Applications Nos. E310, E330 and E331 ALL OF 2025. 3. Whether judgment ought to be entered under Section 51(2) of the Advocates Act for the certified costs; 4. Whether the Applicant is entitled to interest at 14% per annum. **Whether the suits should be consolidated** 1. The principles governing consolidation of suits are now settled. Order 11 Rule 3(1)(h) of the Civil Procedure Rules empowers the Court during case management to order consolidation where appropriate. The purpose is to facilitate the just, expeditious, proportionate and affordable resolution of disputes in accordance with Sections 1A and 1B of the Civil Procedure Act. 2. In **Law Society of Kenya v Centre for Human Rights & Democracy & 12 Others [2014] eKLR**, the Supreme Court observed that consolidation is intended to facilitate efficient and expeditious disposal of disputes, avoid multiplicity of proceedings and eliminate the possibility of conflicting decisions where matters involve substantially similar issues. 3. Likewise, in **Stumberg & Another v Potgeiter [1970] EA 323**, the East African Court of Appeal held that consolidation is appropriate where there exist common questions of law or fact and where consolidation would save costs and judicial time without occasioning prejudice to any party. 4. The Court has considered the material before it. The said miscellaneous applications involve identical parties, arise from advocate-client relationships between the same parties, concern taxation of Advocate-Client Bills of Costs, and seek identical relief under Section 51(2) of the Advocates Act. The evidence to be relied upon is substantially the same, and no prejudice has been demonstrated that would be suffered by the Respondent. 5. The Court is therefore satisfied that consolidation will promote efficient administration of justice, prevent unnecessary multiplicity of proceedings and avoid inconsistent determinations. Prayer (a) of the Motion is therefore merited. **Whether judgment should be entered** 1. The jurisdiction of this Court to enter judgment upon a Certificate of Taxation is donated by Section 51(2) of the Advocates Act, which provides: ***"The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs."*** 1. The effect of the above provision is that once a Certificate of Taxation has been issued and has neither been set aside nor altered through a reference under Rule 11 of the Advocates Remuneration Order, the Court's role is generally limited to entering judgment where the retainer is not disputed. 2. In **Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR**, the Court held that where a certificate of taxation has not been set aside or altered, and the retainer is undisputed, the Court has no reason to decline entry of judgment under Section 51(2) of the Advocates Act. 3. Similarly, in **Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Limited (2) [2006] 1 EA 5**, the Court held that once taxation has been completed and no reference has been filed, the certificate becomes final as to quantum and judgment should ordinarily follow. 4. The Court of Appeal in **Machira & Co. Advocates v Arthur K. Magugu & Another [2012] eKLR** reiterated that the purpose of Section 51(2) is to provide advocates with a summary procedure for recovery of taxed costs where there is no dispute as to the retainer. 5. In the present case, the Applicant has exhibited Certificates of Taxation issued on 18th March 2026 in respect of all the three matters. There is no evidence that any reference has been lodged under Rule 11 of the Advocates Remuneration Order challenging the taxation. Equally, the Respondent has not disputed the existence of the advocate-client relationship nor challenged the Applicant's retainer. 6. Consequently, the Certificates of Taxation are final as to the amounts certified therein, namely: * E310 of 2025 – Kshs.149,359/= * E330 of 2025 – Kshs.124,932/= * E321 of 2025 – Kshs. 61,045/= **Total: Kshs. 335,336 /=** 1. The Applicant has therefore satisfied all the statutory requirements for entry of judgment under Section 51(2) of the Advocates Act. **Whether interest is payable** 1. The Applicant further seeks interest at 14% per annum. 2. Rule 7 of the Advocates (Remuneration) Order provides that an advocate may charge interest at the rate of 14% per annum on disbursements and costs from the expiration of one month after delivery of the bill, provided that the claim for interest is raised before the amount has been paid. 3. In **Otieno Ragot & Company Advocates v National Bank of Kenya Limited [2020] eKLR**, the Court held that where an advocate has properly demanded payment and notified the client of the intention to charge interest under Rule 7, the advocate is entitled to interest at 14% upon expiry of one month from delivery of the bill. 4. The Applicant has deponed, and annexed evidence showing, that upon delivery of the taxation rulings on 29th April 2026, the Respondent was notified that failure to settle the taxed costs within thirty days would attract interest at the prescribed rate. That deposition has not been controverted. 5. The Court is satisfied that the requirements of Rule 7 have been met and the Applicant is entitled to interest at 14% per annum from the expiry of thirty days after notification of taxation until payment in full. **Disposition** 1. In the result, the Notice of Motion dated 18th May 2026 is merited and is hereby allowed. 2. Accordingly, the Court makes the following orders: 3. ***Eldoret High Court Civil Miscellaneous Application No. E310 of 2025 is hereby consolidated with Eldoret High Court Civil Miscellaneous Applications Nos. E330 & E331 of 2025 for purposes of determination and enforcement of the taxed costs.*** 4. ***Judgment is hereby entered in favour of the Advocate/Applicant, Duke O. Omwenga t/a Omwenga & Co. Advocates, against the Client/Respondent, Kenya Orient Insurance Ltd, in the sum of Kenya Shillings Three Hundred Thirty-Five Thousand Three Hundred and Thirty-Six (Kshs. 335, 336/=).*** 5. ***The said sum shall attract interest at the rate of 14% per annum pursuant to Rule 7 of the Advocates (Remuneration) Order, commencing upon the expiry of thirty (30) days from the notification of the taxation on 29th January 2026, until payment in full.*** 6. ***A decree shall issue accordingly.*** 7. ***The Advocate/Applicant shall have the costs of this application.*** **DATED, SIGNED AND DELIVERED AT ELDORET THIS 23RD DAY OF JULY 2026.** **A. K. NDUNG’U JUDGE** Top of Form Bottom of Form