https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7900
The respondent having been duly served but filing no response and not attending court, the application was unopposed. The court therefore allowed the application and entered judgment for the applicant for the certified costs sum of Kshs. 256,350 together with interest at 14% per annum from 8/8/2025 until payment in...
Source-derived case information.
- Citation
- [2026] KEHC 7900 (KLR)
- Parties
- Applicant: Onyinkwa & D. Onyinkwa t/a Onyinkwa & Co; Respondent: Monarch Insurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E153 of 2025
- Procedural Posture
- Civil Miscellaneous Application for Adoption of Certificate of Costs as Judgment and Decree / Ruling on Unopposed Application
- Outcome
- Application allowed in full
- Judges
- ["E Ominde"]
- Legal Topics
- Taxation of Costs, Certificate of Costs, Adoption as Judgment, Interest on Advocate Client 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 and Decree / Ruling on Unopposed Application
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 accrue from the date of filing the advocate-client bill of costs
- 3 Whether costs of the application should be awarded to the applicant
Ratio Decidendi
The respondent having been duly served but filing no response and not attending court, the application was unopposed. The court therefore allowed the application and entered judgment for the applicant for the certified costs sum of Kshs. 256,350 together with interest at 14% per annum from 8/8/2025 until payment in full, plus costs of the application.
Court Disposition
Application allowed in full
Orders
- Judgment entered for the applicant against the respondent for Kshs. 256,350 as certified costs.
- Interest to accrue on Kshs. 256,350 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 E153 of 2025) [2026] KEHC 7900 (KLR) (26 May 2026) (Ruling) Neutral citation: [2026] KEHC 7900 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E153 of 2025 E Ominde, J May 26, 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. 256,350/=.b.That interest does accrue on the sum of Kshs. 256,350/= 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. 256,350/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 256,350/= 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