[2025] KEHC 9581 (KLR)
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued. No appeal or reference was pending against the certificate, as the respondents' application for reference had already been dismissed for want of prosecution. The court held that under section 51 of the Advocates...
Source-derived case information.
- Citation
- [2025] KEHC 9581 (KLR)
- Parties
- Applicant: Swaleh, Mwangi & Company Advocates; Respondent: John Kaguma Maina; Respondent: Stanley Kariuki Maina; Respondent: Charles Kanyuga Maina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 61 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
- Outcome
- application allowed; judgment entered for applicant against 1st and 3rd respondents jointly and severally for the taxed sum, with interest and costs.
- Judges
- H Namisi
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Judgment Entry on Taxed Costs, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Swaleh, Mwangi & Company Advocates
Applicant
John Kaguma Maina
Respondent
Stanley Kariuki Maina
Respondent
Charles Kanyuga Maina
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Certificate of Taxation
Legal Issues
- 1 Whether judgment should be entered on a certificate of taxation where no appeal or reference is pending.
- 2 Whether the applicant is entitled to interest on the taxed costs from the date of the ruling until payment in full.
- 3 Whether the respondents' opposition based on a pending application is valid after dismissal of that application.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and a certificate of taxation issued. No appeal or reference was pending against the certificate, as the respondents' application for reference had already been dismissed for want of prosecution. The court held that under section 51 of the Advocates Act and the authority of Musyoka & Wambua Advocates v Rustam Hira Advocate, it had discretion to enter judgment on the certificate of taxation where there was no dispute as to retainer and no pending challenge to the certificate. The respondents' opposition was deemed inconsequential in light of the dismissal of their application. Accordingly, judgment was entered for the...
Court Disposition
application allowed; judgment entered for applicant against 1st and 3rd respondents jointly and severally for the taxed sum, with interest and costs.
Orders
- Judgment is entered for the applicant against the 1st and 3rd respondents, jointly and severally, in the sum of Kshs 23,010,220.52 as per the certificate of costs dated 24 January 2024.
- Interest is awarded at the rate of 14% per annum from 19 December 2019 until payment in full.
Full Case Text
Judgment text and source record
28 paragraphs
Swaleh, Mwangi & Company Advocates v Maina & 2 others (Miscellaneous Application 61 of 2017) [2025] KEHC 9581 (KLR) (Family) (4 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9581 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application 61 of 2017
H Namisi, J
July 4, 2025
Between
Swaleh, Mwangi & Company Advocates
Applicant
and
John Kaguma Maina
1st Respondent
Stanley Kariuki Maina
2nd Respondent
Charles Kanyuga Maina
3rd Respondent
Ruling
1. The Applicant’s Notice of Motion dated 24 January 2024 seeks the following orders:i.That Judgment for the sum of Kshs 23,010,220. 52 plus accrued interest thereon at 14% p.a from 19 December 2019 until payment in full be entered in favor of the Applicant/Advocate as against the 1st and 3rd Respondents/Clients jointly and severally;ii.That the costs of this Application be provided for.
2. The Application is supported by the Affidavit of Mwangi Gathuri, Advocate. The Advocate/Client Bill of Costs dated 24 April 2017 was taxed in the sum of Kshs 23,010,220. 52 and a Certificate of Taxation dated 24 January 2024 subsequently issued. No appeal has been filed against the said Certificate.
3. The Respondents filed a Replying Affidavit opposing the Application. The Respondents aver that there is an Application dated 5 April 2022 which is pending before the Court. The said Application seeks to have the Respondents’ application for reference dated 5 March 2020 struck out for want of prosecution. It is the Respondents’ contention that the orders sought herein are yet to crystalize in view of the pending application.
4. Though parties were directed to file submissions, only the Applicant filed. I have keenly read the said submissions.
5. I also note from the Court record that the Application dated 5 April 2022 was allowed on 2 May 2023, and the following orders issued:a.The Application dated 11 March 2020 is hereby dismissed for want of prosecution;b.The 1st and 3rd Respondents to comply with the Ruling of this Court dated 19 December 2019;c.Costs of this Application be borne by the Respondents.
6. That being the case, the basis of the Respondent’s opposing the present application is inconsequential.
7. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held thus:“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.....”
8. Having read the Application, Affidavits as well as the attached documents, I am of the considered view that the same is merited. The Application is allowed and I make the following orders:i.Judgement is hereby entered for the Applicant against the 1st and 3rd Respondents, jointly and severally, in terms of the Certificate of Costs dated 24 January 2024 for Kshs 23,010,220. 52. ii.Interest thereon is awarded at the rate of 14% per annum from 19 December 2019 until payment in full.iii.The Applicant is awarded costs assessed at Kshs 30,000/=.
DATED AND DELIVERED AT NAIROBI THIS 4 DAY OF JULY 2025HELENE R. NAMISIJUDGE OF THE HIGH COURTDelivered on virtual platform in the presence of:For Applicant: Mr. Mwangi GathuriFor Respondents: Mr. MbakayaLibertine Achieng..... Court Assistant