[2025] KEHC 9268 (KLR)
The court found that the Certificate of Costs dated 13/2/2025 for Kshs.268,549/- had not been set aside or varied, and the respondent did not dispute the retainer or the amount. Under section 51(2) of the Advocates Act, the court is empowered to enter judgment for the certified sum. The court further held that...
Source-derived case information.
- Citation
- [2025] KEHC 9268 (KLR)
- Parties
- Applicant: Peter M Karanja Advocate; Respondent: Sammy Traders Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E292 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for certified costs with interest
- Judges
- A Mabeya
- Legal Topics
- Advocate Client Costs, Certificate of Costs, Interest on Costs, Taxation of Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter M Karanja Advocate
Applicant
Sammy Traders Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the amount certified in the Certificate of Costs.
- 2 Whether interest at 14% per annum is payable from 30 days after service of the fee note.
- 3 Whether the respondent's request to pay by instalments is tenable at this stage.
Ratio Decidendi
The court found that the Certificate of Costs dated 13/2/2025 for Kshs.268,549/- had not been set aside or varied, and the respondent did not dispute the retainer or the amount. Under section 51(2) of the Advocates Act, the court is empowered to enter judgment for the certified sum. The court further held that interest at 14% per annum is payable from 30 days after service of the fee note, which was evidenced as having been served on 16/6/2021, thus interest accrues from 17/6/2021. The respondent's request to pay by instalments was not ripe for determination at this stage and could be made after judgment. Accordingly, judgment was entered for the applicant for the certified sum with...
Court Disposition
application allowed; judgment entered for applicant for certified costs with interest
Orders
- Judgment is entered for the applicant/advocate against the respondent/client for Kshs.268,549/- together with interest at 14% per annum from 17/6/2021 until payment in full.
Full Case Text
Judgment text and source record
26 paragraphs
Peter M Karanja Advocate v Sammy Traders Limited (Civil Miscellaneous Application E292 of 2024) [2025] KEHC 9268 (KLR) (27 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9268 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Miscellaneous Application E292 of 2024
A Mabeya, J
June 27, 2025
Between
Peter M Karanja Advocate
Applicant
and
Sammy Traders Limited
Respondent
Ruling
1. By a Motion on Notice dated 9/4/2024, the Advocate applied for Judgment for Kshs.268,549/- against the respondent. The Motion was brought under section 51(2) of the Advocates Act, Cap 16 Laws of Kenya.
2. The basis for seeking judgment was that it was in terms of a Certificate of Costs dated 13/2/2025. The Advocate also sought interest on those costs at court rate from 11/6/2021 until payment in full.
3. In the Supporting affidavit sworn by Peter M. Karanja on 9/4/2025, it was contended that the advocate’s fees became due on 11/6/2021 when the Advocates fee note was delivered to the client. A copy of the fee note of that date was produced.
4. The bill of costs dated 6/8/2024 was taxed on 13/2/2025 and a Certificate of Costs for Kshs.268,549/- was issued on the same date. That it was imperative that judgment be entered in terms thereof to enable the Advocate recover his costs.
5. I have considered the record. I have also considered the oral submissions of Mr. Karanja and Ms. Oyoko. I have seen a copy of the Certificate of Costs dated 13/2/2025. It is for Kshs.268,549/-.
6. Section 51(2) of the Advocates Act provides: -“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.”
7. From the foregoing, it is clear that an Advocate is entitled to judgment on the amount certified after a taxation of an advocate-client bill of costs. That Certificate must not have been varied or set aside. In the present case, there was an averment in the supporting affidavit that the aforesaid Certificate of Costs had not been varied or set aside. The respondent did not oppose it but opposed the interest claimed and asked to be allowed to pay by instalments.
8. On the 14% interest, this is awardable from 30 days after service of a fee note by an advocate upon his client. In this case, there was evidence that such a fee note was raised and served on 16/6/2021. Accordingly, under Rule 7 of the Advocates Remuneration Order, that interest is chargeable after 30 days of service.
9. The filing and abandonment of the Notice of objection by the Advocate In this matter cannot be a bar to this application under section 51(2) of the Advocates Act.
10. In this regard, the time for interest will run 30 days from 17/6/2021. As to payment by instalment, that application can be made either orally or formally after judgment has been entered.
11. Accordingly, I allow the application. Judgment is entered for the applicant/advocate against the respondent/client for Kshs.268,549/- together with interest at 14% p.a from 17/6/2021 until payment in full.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 27TH DAY OF JUNE, 2025. A. MABEYA, FCI ArbJUDGE