https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4076

Onindo Onindo & Associates v Church Commissioners for Kenya (Environment and Land Miscellaneous Case E046 of 2026) [2026] KEELC 4076 (KLR) (19 June 2026) (Ruling) Neutral citation: [2026] KEELC 4076 (KLR) Republic of Kenya In the Environment and Land Court at Nairobi Environment and Land Miscellaneous Case E046 of 2026 TW Murigi, J June 19, 2026 Between Onindo Onindo & Associates Applicant and The Church Commissioners For Kenya Respondent Ruling 1.Before me for determination is the Notice of Motion dated 29th January 2026, brought under Section 51(2) of the Advocates Act, in which the Applicant seeks the following orders:a.That this Honourable Court be pleased to convert the Certificate of Taxation issued on the 28th January 2026, into a decree and judgment together with interests from the date of taxation at the court's rates until payment in full.b.That the costs of this application be provided for. 2.The application is based on the grounds appearing on its face together with the supporting affidavit of Cheryl Onindo, sworn on 30th January 2026. - The Applicant’s Case 3.The deponent averred that the Applicant’s Advocate-Client Bill of Costs dated 30th March 2025, was taxed on 27th January 2026 for Kshs. 704,010.50/-. She further averred that a Certificate of Taxation was issued on 28th January 2026, which has not been challenged or set aside. - The Respondent’s Case 4.The Respondent filed a replying affidavit sworn by Daniel O. Okoth, on 3rd March 2026, in opposition to the application. The deponent averred that the Ruling on the taxation of the Advocate-Client Bill of Costs on 27th January 2026 had been challenged by way of a Reference dated 9th February 2026, filed in Milimani ELC Misc. E062 of 2025. 5.He argued that the current application is premature due to the ongoing Reference and should be deferred until the challenge to the Certificate of Taxation is resolved, to avoid conflicting decisions. In conclusion, he urged the Court to dismiss the application with costs. Analysis And Determination 6.Having considered the application and the supporting affidavit, the only issue for determination is whether judgment should be entered in favour of the Advocate/Applicant in accordance with the Certificate of Taxation dated 28th January 2026. 7.Section 51(2) of the Advocates Act provides as follows:“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.” 8.In the matter at hand, the Certificate of Taxation issued on 28th January 2026 is the subject of a reference dated 9th February 2026, filed in Milimani ELC Misc. E062 of 2025, which has since been determined by this Court. 9.The Certificate of Taxation, which was intended to be converted into a decree and judgment, has been set aside and no longer serves as a valid basis for issuing the orders in this application. Consequently, the application has been overtaken by events and is rendered moot pending the re-taxation of the impugned items. RULING SIGNED, DATED, AND DELIVERED VIA MICROSOFT TEAMS THIS 19TH DAY OF JUNE, 2026.…………………………………….HON. T. MURIGIJUDGEIn The Presence Of:Onindo for the Advocate/ApplicantMs Maingi holding brief for Okoth for the ClientVena- Court Assistant