[2025] KEHC 3266 (KLR)
The court found that the applicant's Advocate-Client Bill of Costs had been taxed and certified at Kshs.155,250.00 by the Deputy Registrar, and that the respondent, despite being served, had neither filed a reference to challenge the taxation nor responded to the application. In the absence of any opposition or...
Source-derived case information.
- Citation
- [2025] KEHC 3266 (KLR)
- Parties
- Applicant: Samuel Gitonga & Associates; Respondent: Monarch Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E003 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion for Judgment on Taxed Costs
- Outcome
- application allowed as prayed
- Judges
- DO Chepkwony
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Gitonga & Associates
Applicant
Monarch Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the taxed and certified sum in the absence of a reference or opposition by the respondent.
- 2 Whether the applicant is entitled to execute against the respondent for the taxed costs.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the applicant's Advocate-Client Bill of Costs had been taxed and certified at Kshs.155,250.00 by the Deputy Registrar, and that the respondent, despite being served, had neither filed a reference to challenge the taxation nor responded to the application. In the absence of any opposition or pending reference, the court held that the applicant was entitled to judgment for the taxed sum as certified, liberty to execute against the respondent, and costs of the application. The court emphasized that the procedure under the Advocates Act and Remuneration Order allows for entry of judgment where a certificate of taxation is unchallenged, and the respondent's failure to...
Court Disposition
application allowed as prayed
Orders
- Judgment and decree entered for the sum of Kshs.155,250.00 as taxed and certified by the Deputy Registrar as due to the applicant.
- The applicant is at liberty to execute against the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
Samuel Gitonga & Associates v Monarch Insurance Company Limited (Commercial Case E003 of 2024) [2025] KEHC 3266 (KLR) (11 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3266 (KLR)
Republic of Kenya
In the High Court at Kiambu
Commercial Case E003 of 2024
DO Chepkwony, J
March 11, 2025
IN THE MATTER OF: THE ADVOCATES ACT CAP 16 LAWS OF KENYA AND THE ADVOCATES REMUNERATION ORDER, 2014 AND IN THE MATTER OF: THE ADVOCATES (REMUNERATION) (AMENDMENT) ORDER, 2014 AND IN THE MATTER OF: THE ADVOCATES-CLIENT BILL OF COSTS
Between
Samuel Gitonga & Associates
Applicant
and
Monarch Insurance Company Limited
Respondent
Ruling
1. Vide a Notice of Motion application dated 16th January, 2025, the Applicant, Samuel Gitonga & Associates has sought for orders that:-a.Judgment and Decree be entered for the sum of Kshs.155,250. 00 as taxed and certified by the Deputy Registrar as due to the Applicant.b.The Applicant be at liberty to execute against the Respondent.c.The costs of the application be borne by the Respondent.
2. The application is based on the grounds set out on its face and Supporting Affidavit sworn by Brian Olunga Mung’au, counsel for the Applicant on even date, wherein the gist of it being that the Advocate-Client Bill of Costs was heard and taxed by the Deputy Registrar at a sum of Kshs.155,250. 00 and a Certificate of Taxation issued. However, no reference has been filed seeking to review, vary or set aside the ruling thereof and the Respondents have failed, neglected and/or refused to settle the same.
3. The application and mention Notice were served upon the Respondents on 11th February, 2025 as evidenced by an Affidavit of Service sworn by Jackson Muthoka Mutunga on the same date. Despite service, the Respondents have neither filed a response to the application nor attended court to respond to it.
4. Therefore, the Notice of Motion application dated 16th January, 2025 is unchallenged and the court proceeds to allow the same in the following terms:-a.Judgment and Decree be and is hereby entered for the sum of Kshs.155,250. 00 as taxed and certified by the Deputy Registrar as due to the Applicant.b.The Applicant be at liberty to execute against the Respondent.c.The costs of this application to be borne by the Respondent.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 11TH DAY OF MARCH…. , 2025. D. O. CHEPKWONYJUDGEIn the presence of:M/S Watai holding brief for Mr. Olunga counsel for ApplicantNo appearance by and for RespondentCourt Assistant – Martin/Kinyua