https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7973
The application was unopposed after proper service, and the court therefore allowed it in full, entering judgment for the certified sum, awarding statutory interest, and granting costs of the application to the applicant.
Source-derived case information.
- Citation
- [2026] KEHC 7973 (KLR)
- Parties
- Applicant: Onyinkwa & D Onyinkwa T/A Onyinkwa & Co; Respondent: Monarch Insurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E154 of 2025
- Procedural Posture
- Advocates’ Fees Recovery Application / Ruling on Unopposed Application to Convert Certificate of Costs Into Judgment
- Outcome
- Application allowed in entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Certificate of Costs, Taxed Costs, Judgment on Certificate of Costs, Interest on Costs, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyinkwa & D Onyinkwa T/A Onyinkwa & Co
Applicant
Monarch Insurance Company Ltd
Respondent
Procedural Posture
Advocates’ Fees Recovery Application / Ruling on Unopposed Application to Convert Certificate of Costs Into Judgment
Legal Issues
- 1 Whether the certificate of costs should be adopted as the judgment and decree of the court
- 2 Whether interest at 14% per annum should run from the date of filing the advocates-client bill of costs
- 3 Whether the applicant is entitled to costs of the application
Ratio Decidendi
The application was unopposed after proper service, and the court therefore allowed it in full, entering judgment for the certified sum, awarding statutory interest, and granting costs of the application to the applicant.
Court Disposition
Application allowed in entirety.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 147,100 being certified costs.
- Interest on Kshs. 147,100 at 14% per annum to accrue from 8/8/2025 until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
Onyinkwa t/a Onyinkwa & Co v Monarch Insurance Company Ltd (Civil Miscellaneous E154 of 2025) [2026] KEHC 7973 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7973 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E154 of 2025 E Ominde, J May 25, 2026 Between Onyinkwa & D Onyinkwa T/A Onyinkwa & Co Applicant and Monarch Insurance Company Ltd Respondent Ruling 1.Before this court is an Application by the Applicant dated 13th April 2026 brought Under Section 51(2) of the Advocates Act Chapter 16 and Paragraph 7 of the Advocates Remuneration (Amendment) Order, 2014, Sections 1A, 1B, 2, 3, 3A Civil Procedure Act, Order 51 of the Civil Procedure Rules and all enabling provisions of the Law seeking the following orders:a.That this Honourable court be pleased to order that the Certificate of Costs issued to the Applicant, as against the Respondent, be converted and/or adopted as the judgment and decree of this Court and consequently, a Judgment be entered for the applicant against the Respondent for Kshs. 147,100/=.b.That interest does accrue on the sum of Kshs. 147,100/= at the rate of 14% per annum, with effect from 8/8/2025 (the date of filing the Advocates-client bill of costs) until payment in full as prescribed under paragraph 7 of the Advocates Remuneration order.c.That costs of this application be provided for. 2.The application is supported by the grounds on the face of it and the Affidavit of Dennis Onyimbo Onyinkwa sworn on 13th April, 2026. 3.Counsel for the Applicant Ms. Muresia stated that the Application together with the order of the Court issued on 15th April 2026 were served via email on 16th April 2026. That the Affidavit of Service is filed and they have not received any response so far and she therefore prays for directions. 4.For reasons that the Respondent was served and they have not filed any response, and are also not present in court, the court then directed that the Applicant may proceed with their Application. 5.Counsel for the Applicant Ms. Muresia in her oral representations stated that because no response had been filed against the Certificate of Costs, their application be allowed as prayed. 6.I have considered the application dated 13th April, 2026 and the same having not been opposed, I now hereby allow the same in its entirety as follows: -a.That Judgment is now hereby entered in favor of the Applicant as against the Respondent for the sum of Kshs. 147,100 being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 147,100/= at the rate of 14% per annum, with effect from 8/8/2025 (the date of filing the Advocates-client bill of costs) until payment in full as prescribed under paragraph 7 of the Advocates Remuneration order.c.That costs of this application is awarded to the Applicant and be borne by the Respondent.d.That these orders shall also apply to the following files that form part of the series E153/2025, E155/2025, E156/2025 and E157/2025. READ DATED AND SIGNED AT BUNGOMA ON 25TH DAY OF MAY, 2026E. OMINDEJUDGE