[2025] KEHC 5174 (KLR)

Parties

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Application for Entry of Judgment on Certificate of Costs

Legal Issues

1. 1 Whether the applicant is entitled to judgment on the certificate of costs against the respondent.
2. 2 Whether interest and costs should be awarded as prayed.

Ratio Decidendi

The court found that the application for entry of judgment on the certificate of costs was unopposed, and that the applicant had complied with the procedural requirements by serving the respondent and filing an affidavit of service. In the absence of any objection or opposition from the respondent, the court held that the applicant was entitled to judgment for the certified costs, interest at 14% per annum from the date of the certificate until payment in full, and the costs of the application. The court relied on section 51(2) of the Advocates Act, which empowers the court to enter judgment for the sum certified as due to an advocate from the client where no objection is raised.

Court Disposition

Application allowed. Judgment entered for the applicant for the certified costs, interest, and costs of the application.

Orders

• Judgment entered in favour of the applicant against the respondent in the sum of Kshs. 263,778 together with interest at 14% per annum from the date of certificate of costs until payment in full.
• Costs of the application assessed at Kshs. 20,000 awarded to the applicant.