https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7878
The application was unopposed, and the Applicant supported it with a settlement deed/certificate showing a compromised indebtedness. On the unrebutted material before it, the court found no basis to deny the request and adopted the compromise by entering judgment for the Applicant on the agreed terms, including...
Source-derived case information.
- Citation
- [2026] KEHC 7878 (KLR)
- Parties
- Applicant: WILFRED NYAUNDI KONOSI T/A KONOSI & COMPANY ADVOCATES; Respondent: COUNTY GOVERNMENT OF NAKURU
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E042 of 2026
- Procedural Posture
- Civil Miscellaneous Application / Judgment on Unopposed Motion
- Outcome
- Application allowed; judgment entered for the Applicant on the compromise terms.
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Judgment on Compromise, Settlement Deed Enforcement, Unopposed Application, Advocate Client Fees, Interest on Debt, VAT on Legal Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
WILFRED NYAUNDI KONOSI T/A KONOSI & COMPANY ADVOCATES
Applicant
COUNTY GOVERNMENT OF NAKURU
Respondent
Procedural Posture
Civil Miscellaneous Application / Judgment on Unopposed Motion
Legal Issues
- 1 Whether the court should record the settlement deed/certificate as a judgment of the court
- 2 Whether the Applicant was entitled to judgment for the agreed sum with continued interest and VAT
- 3 Whether the unopposed application should be allowed
Ratio Decidendi
The application was unopposed, and the Applicant supported it with a settlement deed/certificate showing a compromised indebtedness. On the unrebutted material before it, the court found no basis to deny the request and adopted the compromise by entering judgment for the Applicant on the agreed terms, including ongoing interest and VAT.
Court Disposition
Application allowed; judgment entered for the Applicant on the compromise terms.
Orders
- Prayer 4 allowed: the Settlement Deed Certificate dated 8th December 2020 recorded as a judgment of the court.
- Prayer 5 allowed: judgment entered for the Applicant against the Respondent in the sum of Kshs. 35,216,745.60 as at 31st January 2026.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAKURU** **CIVIL MISCELLANEOUS NO. E042 OF 2026** **WILFRED NYAUNDI KONOSI** **T/A KONOSI & COMPANY ADVOCATES --------------------------APPLICANT** **-VERSUS-** **COUNTY GOVERNMENT OF NAKURU ---------------------- RESPONDENT** **JUDGEMENT** 1. By Notice of Motion dated 10/2/2026 the Applicant, a Firm of Advocates, prays for orders as hereunder;- 2. **Spent.** 3. **Spent.** 4. **THAT this Honourable Court be pleased to record compromise contained in the Settlement Deed Certificate dated 8th December 2020 as a Judgement of this court.** 5. **THAT this Court be pleased to enter judgement for the Applicant against the Respondent in the sum of Kshs. 35,216,745.60 as of 31st January 2026, made up as follows;-** 6. **Amount due as of 31/01/2025 together with interest at 14% from 9th January 2021 to 31st January 2026.** 7. **VAT at the rate of 16%.** 8. **Unpaid VAT Kshs. 446,445.40** **Total Kshs. 352,216,745.60** 1. **THAT thereafter this Honourable Court be pleased to order that the Kshs. 29,974.70 shall continue to attract interest at the rate of 14% from 1st February 2026 until payment in full and it be subjected to 16% Value Added tax at the time of payment.** 2. **THAT the costs of this Application be borne by the Respondent.** 3. The Application is supported by an Affidavit of Wilfred Nyaundi Konosi, an Advocate practising with the Applicant. In a nutshell, Counsel avers *inter alia* that the Applicant was pre-qualified for provision of legal services to the Respondent for the year 2014 – 2015. Thereafter, the Applicant represented the Respondent in various matters and legal fee notes were raised for settlement. According to the Applicant, as at April 2020, the Respondent owed them legal fees in the sum of Kshs. 30,106,800.00 exclusive of VAT. 4. The Applicant’s Advocate further states that after discussions aimed at reaching an amicable settlement, a Settlement Deed Certificate of fees Settlement dated 8/12/2020 was executed between the parties. The Deed was to the effect that the amount due to the Applicant was Kshs. 21,175,886 which was agreed to be paid within 30 days of execution of the Deed. 5. The Applicant laments that the Respondent failed to keep its part of the bargain to pay up by 15th March 2021, even after they issued Notice of Intention to sue over the debt. The court is told that this Application then became necessary. 6. Despite evidence of service of the Application, the Respondent has not put in a reply. The Application is therefore deemed as unopposed. 7. Consequently, prayers 3, 4, 5 and 6 of the Application are allowed. 8. Judgement accordingly. **J. M. NANG’EA, JUDGE.** **Judgement dated, signed and delivered virtually at Nakuru this 3rd day of June, 2026.** **In the presence of:** **Mr. Konosi Advocate for the Applicant** **Respondent, Absent** **Court Assistant (Jeniffer)** **J. M. NANG’EA, JUDGE.**