https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7904
The application was unopposed, the Respondent having been served but failing to file any response or attend court. On that basis, and because the certificate of costs remained unchallenged, the court allowed the application in full, adopted the certified amount as judgment, awarded interest at 14% per annum from 8...
Source-derived case information.
- Citation
- [2026] KEHC 7904 (KLR)
- Parties
- Applicant: Onyinkwa & D. Onyinkwa t/a Onyinkwa & Co; Respondent: Monarch Insurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E156 of 2025
- Procedural Posture
- Civil Miscellaneous Application for Adoption of Certificate of Costs as Judgment / Ruling on an Unopposed Application
- Outcome
- Application allowed in its entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Certificate of Costs, Taxation of Advocate Client Bill of Costs, Adoption of Certificate as Judgment, Interest on Taxed 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
Civil Miscellaneous Application for Adoption of Certificate of Costs as Judgment / Ruling on an Unopposed Application
Legal Issues
- 1 Whether the certificate of costs could be adopted as judgment and decree of the court
- 2 Whether interest at 14% per annum was payable from the date of filing the advocate-client bill of costs
- 3 Whether the application should be allowed where the respondent filed no response and did not attend court
Ratio Decidendi
The application was unopposed, the Respondent having been served but failing to file any response or attend court. On that basis, and because the certificate of costs remained unchallenged, the court allowed the application in full, adopted the certified amount as judgment, awarded interest at 14% per annum from 8 August 2025, and granted costs of the application to the Applicant.
Court Disposition
Application allowed in its entirety
Orders
- Judgment entered for the Applicant against the Respondent for Kshs. 302,006/= being certified costs.
- Interest shall accrue on Kshs. 302,006/= at 14% per annum 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 E156 of 2025) [2026] KEHC 7904 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7904 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E156 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. 302,006/=.b.That interest does accrue on the sum of Kshs. 302,006/= 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. 302,006/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 302,006/= 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. READ DATED AND SIGNED AT BUNGOMA ON 25TH DAY OF MAY, 2026E. OMINDEJUDGE