https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11874

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **MILIMANI LAW COURTS** **FAMILY DIVISION** **MISCELLANEOUS APPLICATION CAUSE NO. E213 OF 2024** ***IN THE MATTER OF THE ADVOCATES ACT, CAP 16*** **AND** ***IN THE MATTER OF THE TAXATION OF COSTS BETWEEN ADVOCATE AND CLIENT*** **BETWEEN** **W.G. WAMBUGU & COMPANY ADVOCATES ................ APPLICANT** **VERSUS** **PATRICIA AYUMA MWITA ......... RESPONDENT** **RULING** 1. Before the Court for determination is the Applicant’s Notice of Motion dated 20 January 2026. The Application is brought under Sections 45(1) and 51(2) of the Advocates Act and Order 51 of the Civil Procedure Rules, 2010. 2. The Applicant seeks an order that judgment be entered in its favour in the sum of Kshs. 570,645.80, being the taxed costs, alongside the costs of the Application. 3. The Application is premised on the grounds set out on its face and the Supporting Affidavit of Wanja G. Wambugu, sworn on 20 January 2026. The Applicant deposes that it received instructions to act for the Respondent in High Court Family Originating Summons (HCFOS) E006 of 2023. Upon concluding the mandate, the Applicant filed an Advocate/Client Bill of Costs dated 29 September 2024. 4. The Bill of Costs was taxed by the Deputy Registrar on 16 January 2026, and a Certificate of Costs was issued on the same day, certifying the payable costs at Kshs. 570,645.80. 5. When the matter came up for hearing on 22 April 2026, Mr. Kipchilat, holding brief for Mr. Mugo for the Applicant, informed the Court that the Respondent had made partial payments towards the taxed costs totalling Kshs. 200,000/=. These payments comprised Kshs. 150,000/= paid on 11 March 2026 and Kshs. 50,000/= paid on 17 April 2026. Consequently, the Applicant modified its prayer and sought judgment for the outstanding principal balance of Kshs. 370,645.80, plus accrued interest and costs of the application. 6. The Application is unopposed. The Affidavit of Service sworn by John Mwatu, a Court Process Server, confirms that the Notice of Motion and Hearing Notice were served upon the Respondent's Advocates, Fred & Kimutai Advocates LLP, via email on 4 February 2026. Despite successful service, the Respondent neither filed a Replying Affidavit nor entered an appearance during the hearing on 22 April 2026. **Analysis and Determination** 1. I have considered the Application, the Supporting Affidavit, and the oral submissions made by Counsel for the Applicant. The central issue for determination is whether the Applicant is entitled to the entry of judgment based on the issued Certificate of Costs, and what quantum is due in light of the partial payments. 2. The law governing this procedure 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.* 1. It is a well-established tenet of our jurisprudence that where a Certificate of Costs remains unchallenged by way of a Reference to a Judge under Rule 11 of the Advocates Remuneration Order, it becomes final and conclusive. The Court's jurisdiction at this stage is largely ministerial. In the persuasive authority of ***Lubulellah & Associates Advocates v N.K. Brothers Limited* [2014] eKLR**, the Court held that where a Certificate of Taxation is unchallenged, the only step remaining is the entry of judgment for the certified sum. 2. This position was reiterated in ***Kithi & Company Advocates v Menengai Downs Limited* [2015] eKLR**, where the Court emphasized that a Certificate of Taxation not being set aside or altered signifies that the taxed costs are deemed final, preventing indefinite challenges and streamlining the enforcement of awards. Similarly, in ***Francis N. Gacathi & Co. Advocates v Hezron Soi* [2021] eKLR**, the Court underscored that in the absence of a dispute over the retainer, judgment must follow as a matter of law. 3. In the instant matter, Hon. Janeth Tolei issued the Certificate of Costs on 16 January 2026. The Respondent has not disputed the retainer, nor has any application been filed to set aside or alter the taxing officer's decision. The Applicant is therefore strictly entitled to have judgment entered. 4. I note with approval that the parties, even at this post-taxation stage, engaged in informal dialogue resulting in the Respondent making partial payments amounting to Kshs. 200,000/=. Such efforts are a testament to the efficacy of alternative dispute resolution mechanisms. Current practice in courts encourages these initiatives, as they alleviate the burden of contested execution proceedings, resolve practical challenges efficiently, and preserve professional amity. 5. The initially certified sum was Kshs. 570,645.80. Deducting the acknowledged payment of Kshs. 200,000/=, the outstanding principal amount is Kshs. 370,645.80. Judgment shall be entered for this outstanding balance. 6. Regarding interest, Rule 7 of the Advocates Remuneration Order explicitly permits an Advocate to charge interest at the rate of 14% per annum on taxed costs. As determined in ***Kithi & Company Advocates* (supra),** this statutory entitlement compensates the Advocate for delayed payment and applies from the date of the taxation or 30 days post-service of the bill. 7. In light of the foregoing, I find the Applicant's Notice of Motion dated 20 January 2026 to be merited. The Court issues the following orders: 8. Judgment is hereby entered for the Applicant against the Respondent in the sum of Kshs. 370,645.80, being the outstanding balance of the taxed costs. 9. The judgment sum shall attract interest at the statutory rate of 14% per annum from the date of the Certificate of Taxation, that is 16 January 2026, until payment in full. 10. The Respondent shall bear the costs of this Application. **DATED AND DELIVERED AT NAIROBI THIS 30 DAY OF JULY 2026** **HELENE R. NAMISI** **JUDGE OF THE HIGH COURT** Delivered on virtual platform in the presence of: For the Applicants: Mr Mugo For the Respondent: Ms. Janira h/b Mugutu Court Assistant: Lucy Mwangi