[2025] KEHC 3496 (KLR)
The court found that the applicant was entitled to judgment for the taxed and certified costs of Ksh. 116,436, as there was no evidence of the certificate of taxation being set aside or altered, and no dispute as to retainer. The respondent did not participate or object. The court clarified that interest would run...
Source-derived case information.
- Citation
- [2025] KEHC 3496 (KLR)
- Parties
- Applicant: Sophie Chirchir t/a Cherono Chirchir & Co. Advocates; Respondent: African Merchant Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 32 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Certificate of Taxation, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sophie Chirchir t/a Cherono Chirchir & Co. Advocates
Applicant
African Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on the taxed and certified costs.
- 2 Whether interest on the taxed costs should run from the date of taxation or another date.
- 3 Whether the absence of a certificate of taxation affects the applicant's entitlement to judgment.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed and certified costs of Ksh. 116,436, as there was no evidence of the certificate of taxation being set aside or altered, and no dispute as to retainer. The respondent did not participate or object. The court clarified that interest would run from the date of the ruling on taxation, not from an earlier date, due to the absence of evidence that a certificate of taxation was extracted and served. The application was therefore merited and allowed.
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent for Ksh. 116,436.
- Interest on the sum is to run from 13.8.2021, being 30 days from the date of taxation.
Full Case Text
Judgment text and source record
21 paragraphs
Sophie Chirchir t/a Cherono Chirchir & Co. Advocates v African Merchant Assurance Co. Ltd (Civil Miscellaneous Application 32 of 2018) [2025] KEHC 3496 (KLR) (19 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3496 (KLR)
Republic of Kenya
In the High Court at Nyeri
Civil Miscellaneous Application 32 of 2018
DKN Magare, J
March 19, 2025
Between
Sophie Chirchir t/a Cherono Chirchir & Co. Advocates
Applicant
and
African Merchant Assurance Co. Ltd
Respondent
Ruling
1. This is a ruling over a Miscellaneous Application dated 28. 9.2021. The Applicant sought relief that judgment be entered for the Applicant against the Respondent in the sum of Ksh. 116,436/= being the sum indicated to have been taxed and certified by the Deputy Registrar on 13. 7.2021 as due to the Applicant with interest thereon.
2. The application arose from the Advocate/Client Bill of Costs dated 26. 3.2018. Be it as may, the Court has already assessed costs at a specific figure, that is, Ksh. 116,436/=.
3. The application is expressed to be brought under Section 55 (2) of the Advocates Act. The proper provision should be Section 51(2) of the Advocates Act which provides thus:“Pursuant to the provisions of Section 2 of the Advocates Act -Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.”
4. As a fact, after filing of the Notice of Motion dated 28. 9.2021, there does not appear to be active participation of the Respondent. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate [2006] eKLR it was held: -“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit..."
5. The Applicant has done her part, serving the bill of costs. However, there is no evidence that a certificate of taxation was extracted and served. The interest will thus run from the date of the Ruling on taxation which is 30. 6.2023. The said application is merited and therefore allowed.
Determination. 6. I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent for Ksh. 116,436/=.b.Interest thereon is from 13. 8.2021, being 30 days from the date of taxation.c.File is closed.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 19TH DAY OF MARCH, 2025. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Ms. Mbaabu for the ApplicantNo appearance for the RespondentCourt Assistant – Michael