https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1587

Mburu t/a SK Mburu & Co Advocates v Waithaka (Miscellaneous Application E048 of 2022) [2026] KEELRC 1587 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1587 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Miscellaneous Application E048 of 2022 AN Mwaure, J June 12, 2026 Between Solomon Kavai Mburu t/a SK Mburu & Co Advocates Applicant and Stephen Kamau Waithaka Respondent Ruling Introduction 1.The Applicant filed a Notice of Motion dated 20th February 2026 seeking the following orders that:a.The Certificate of Costs dated 21st March 2023 arising to the Applicant’s Bill of Costs dated 29th November 2022 taxed and allowed in sum of Kshs.211, 280.00/= to be paid by the Respondent be adopted as Judgment and decree of this Honourable Court together with interest thereon 14% per annum from 21st March 2023.b.The costs of this application be borne by the Respondent. 1.The application is brought under section 51 of the Advocates Act, Chapter 16 Laws of Kenya. Applicant’s case 3.The application is supported by the Solomon Kavai Mburu, the Applicant herein, dated even date as the application. 4.The Applicant avers that he was instructed by Stephen Kamau Waithaka, the Respondent, on 13th July 2020 to provide legal services in Nakuru CME&LR Cause No. E012 of 2020. 5.The Applicant avers that he represented the Respondent until instructions were withdrawn and a consent recorded. Thereafter, the Applicant, through his law firm, filed an Advocate–Client Bill of Costs dated 29th November 2022, which was taxed at Kshs.211,280/=, and a Certificate of Costs was issued on 21st March 2023. 6.The Applicant avers that the certificate of costs has not been set aside or altered, that the Respondent has failed to settle the taxed costs or accrued interest, and that enforcement requires adoption of the certificate as a judgment and decree of the court. 7.At the time of writing this ruling, the Respondent had been duly served with the application, as evidenced by the affidavit of service, yet failed to file any response thereto. Analysis and determination 8.The court has considered the application and supporting affidavit by the Applicant. The court has only issue for determination is whether the certificate of costs issued by the taxing officer should be adopted as the Judgement and decree of this Honourable Court. 9.Section 51 of the Advocates Act provides as follows:“Every application for an order for the taxation of an advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate.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.” 10.In Muthaura Mugambi Ayugi & Njonjo Advocates v Quest Laboratories Limited [2017] KEELRC 399 (KLR) where the court cited the case of Daly & Figgis Advocates versus Homelex Limited (2013) eKLR which held as follows:“… Section 51 (2) of the Advocates Act … the words of the said section were very clear that where a Certificate of Taxation had neither been set aside nor altered by the Court, and where there was no order of stay, the Certificate was final as to the amount of costs covered thereby and to allege a dispute at summary Judgement stage would amount to a contradiction of express and mandatory statutory provisions.” 11.Rule 7 of the Advocates(Remuneration) Order provide as follows:“An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full.” 12.In this instant case, on 21st March 2023, a Certificate of Costs was issued in favour of the Applicant Advocate upon successful taxation of the Advocate–Client Bill of Costs dated 29th November 2022, which was taxed at Kshs. 211,280/=. The Respondent has neither perused the aforesaid taxed bill of costs, filed any application to set aside, altered, or appeal against the Taxing Officer’s decision and the said Certificate of Costs, nor opposed the Applicant’s application. Consequently, the application remains uncontroverted. 13.Accordingly, judgment is hereby entered in favour of the Applicant Advocate against the Respondent in the sum of Kshs.211,280/=, as prayed in the application. 14.For interest, the court will rely on the case of Tom Ojienda & Associates v Nairobi City County [2022] KEHC 86 (KLR) where the court stated as follows:“On the issue of interests on the taxed costs; even though the application is uncontested the Applicant has not tendered any evidence that it raised the issue of interest with its client when tendering the Bill of Costs and is therefore found to have failed to have satisfied the conditions as set out in Rule 7 of the Advocates (Remuneration) Order which stipulates that:“An advocate may charge interest at 14% per annum on his disbursements and costs, whether by scale or otherwise, from the expiry to one month from the delivery of his bill to the client, providing such claim for interest is raised before the amount has been paid or tendered in full.”In any event the Rule clearly stipulates that such claim for interest is limited to costs and disbursements; it does not provide for interest on the full taxed amount as prayed for by the applicant in its application.” 15.In light of the foregoing, the court will allow the interest charge at 14% per annum in accordance with Rule 7 of the Advocates (Remuneration) Order. 16.In conclusion, the Notice of Motion dated 20th February 2026 is merited in accordance to Section 51 of the Advocates Act and is hereby allowed as follows:a.Judgment is hereby entered in favour of the Applicant Advocate against the Respondent for the sum of Kshs.211,280/= being the bill of costs awarded on 29th November 2022 and certificate of costs dated 21st March 2023.b.The sum of Kshs.211,280/=shall be paid with interest at 14% per annum from 21st March 2023 until paid in fullc.A decree shall be issued as set out above; andd.The Respondent will bear the costs of the application.Orders accordingly. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 12TH DAY OF JUNE, 2026.ANNA NGIBUINI MWAUREJUDGEOrderIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.