https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12400

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **MILIMANI HIGH COURT** **HCCC MISC NO. E310 OF 2026** **OREGO & ODHIAMBO ADVOCATES.......................APPLICANT** **VS** **COUNTY GOVERNMENT OF TANA RIVER............RESPONDENT** **RULING** **Background** 1. Before this Court is an application by way of Notice of Motion dated 11th March 2026, brought under Section 51(2) of the Advocates Act, Rule 7 of the Advocates Remuneration Order Cap 16 and all enabling provisions of law in which the Applicant is seeking the following orders; 2. THAT judgement be entered against the Respondent, in the sum of Kenya Shillings Six Hundred and Thirty-Six Thousand, One Hundred and Five Shillings (Kshs. 636,105/=) as costs payable to the Advocate/Applicant for legal services rendered. 3. That this Court adopts the Certificate of Taxation dated 12th November 2025, together with the together with the ruling thereto dated 6th November 2025 and allow the Applicant to extract a Decree for execution against the Respondents. 4. That this Court awards interests thereon at court rates from the date of the Certificate of Taxation until payment in full. 5. That costs of this Application be awarded to the Applicant. 6. The Application is supported by an affidavit sworn by **ANGELA NGIGI**, who deponed that the Applicant provided legal services to the Respondent, the matter conclusively heard and a ruling delivered on the 8th of March 2024. That the Applicant consequently served the Respondent with a fee note and the same was not settled prompting the filing of the Applicant’s Bill of Costs dated 3rd September 2025. This was subsequently taxed by the taxing officer at Kshs. 636,105/= and a Certificate of Taxation was issued by the taxing officer on 12th November 2025. 7. The Respondent has not sought to have the certificate set aside neither have responses to this Application been filed despite evidence of proper service having been effected. The application is therefore deemed to be unopposed. **Issues for Determination** 1. The sole issue for determination is whether the Applicant has satisfied the requirements for entry of Judgment under Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya. 2. Section 51(2) of the Advocates Act provides that: ***“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. This provision makes it clear that once a bill has been taxed and a certificate of taxation issued, the certificate is final as to the amounts unless it has been set aside or varied by the court, and the court is empowered to enter judgement for the certified amount. 2. In the case of **Ahmednasir Abdikadir & Company Advocates v National Bank of Kenya Ltd (2006) eKLR** the courts observed that ***a certificate of taxation remains conclusive as to the amount due unless it has been set aside or altered through the prescribed procedure.*** 3. The record before this court shows that: The Applicant’s Advocate-Client Bill of Costs was duly taxed; a certificate of taxation was issued for **Kshs.** **636,105/=;** there is no evidence that the Certificate of Taxation has been set aside or varied; the Respondent has neither challenged the taxation by way of a reference nor disputed the existence of the advocate-client relationship; and that despite service, the Respondent has elected not to oppose the present application. 4. In the absence of any challenge to the Certificate of Taxation, the Court finds no legal impediment to entering judgment in favour of the Applicant herein pursuant to Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya. **Disposition** 1. Consequently, judgement is hereby entered in favour of the Applicant against the Respondent in the sum of Kshs. 636,105/= together with interest thereon at court rates from the date of the Certificate of Taxation dated 12th November 2025. 2. I further direct that a decree be issued. 3. The Applicant shall have the costs of this Application. **DATED, SIGNED AND DELIVERED VIRTUALLY THIS 30TH OF JULY 2026** **A.M. OKUTOYI** **JUDGE** In the presence of: **Ms. Ngigi for the Applicant** **N/A for the Respondents** **Court Assistant: Ms. Mokeira**