https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8777

Makomere t/a Wambeyi Makomere & Company Advocates v Wariuko (Miscellaneous Application E003 of 2025) [2026] KEHC 8777 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8777 (KLR) Republic of Kenya In the High Court at Nakuru Miscellaneous Application E003 of 2025 JK Sergon, J June 23, 2026 Between Wambeyi Makomere t/a Wambeyi Makomere & Company Advocates Applicant and Peter Waiganjo Wariuko Respondent Ruling 1.This ruling is in respect of the Applicant's Notice of Motion dated 4th February 2026, brought under Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya. 2.The Applicant seeks orders for entry of judgment in the sum of Kshs. 153,900/= in terms of the Certificate of Costs dated 7th January, 2025; issuance of a decree for enforcement; and costs of the application. 3.The application is supported by the Affidavit of WAMBEYI MAKOMERE, an Advocate of the High Court. He depones that a bill of costs was filed and taxed on 12th September, 2025, and a Certificate of Costs was issued on 7th January, 2025 in the sum of Kshs. 153,900/=. That despite demand, the Respondent has failed to settle the costs. That the Respondent has not filed any reference to challenge the taxation. That the retainer has not been contested. 4.The Respondent was duly served with the application but has neither filed a response nor a reference to challenge the Certificate of Taxation. The application therefore proceeds unopposed. 5.I have carefully considered the application, the Supporting Affidavit, and the annexures thereto. The only issue for determination is whether the Applicant is entitled to the orders sought. 6.The law governing applications of this nature is Section 51(2) of the Advocates Act which 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.It is now well settled that where a Certificate of Taxation has been issued and no reference has been filed to challenge the same, the certificate becomes final. Where the retainer is not disputed, the court is enjoined to enter judgment in favour of the advocate for the amount certified. In the case of C.M. Wekesa & Co. Advocates v John K. Hinga [2006] KEHC 1056 (KLR), Kasango, J held that where the retainer is not denied and the Respondent has been served but fails to attend, the court finds no reason why the taxed amount should not be entered in judgment. 8.Similarly, in Musyoka & Wambua Advocates v Rustam Hira Advocate [2006] eKLR, the court held that Section 51(2) of the Advocates Act provides a mode of recovery of taxed costs where there is no dispute as to retainer. The court further observed that the Certificate of Costs, once issued and not set aside, is final and binding on the parties. 9.In the instant case, the Certificate of Costs dated 7th January, 2025 has not been set aside or altered. The Respondent has not filed any reference to challenge the taxation. The retainer has not been contested. The Respondent was served with the application but failed to respond. The Applicant has therefore satisfied all the conditions precedent to the grant of orders under Section 51(2) of the Advocates Act. 10.In the premises, I find the application to be meritorious giving rise to issuance of the following orders;(a)Judgment is hereby entered for the Applicant against the Respondent in the sum of Kshs. 153,900/= (One Hundred Fifty-Three Thousand Nine Hundred Shillings) in terms of Certificate of Costs dated 7th January, 2025.(b)A Decree to issue forthwith to facilitate execution.(c)The costs of this application to the Applicant. 11.Orders accordingly. DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RD DAY OF JUNE, 2026........................J. K. SERGONJUDGEIn presence of:Jamleck/Rutoh – C/ARubia holding brief for Wambeyi for ApplicantN/A for Respondent