Kenya Case Law

Ngaywa & Kibet Partners Llp v Monarch Insurance Company Limited

Ngaywa & Kibet Partners Llp v Monarch Insurance Company Limited [2025] KEHC 10613 (KLR)

Court

High Court

Case number

Civil Miscellaneous E057 of 2023

Judge

TW Ouya

The court found that the applicant was entitled to judgment for the taxed costs as the certificate of taxation had not been set aside, there was no dispute as to retainer, and no reference had been filed. However, the applicant failed to provide evidence that a demand for interest was made in the bill of costs served on the respondent, as required by Rule 7 of the Advocates Remuneration Order. Therefore, the prayer for interest was disallowed. The court adopted the certificate of taxation as an order of the court and entered judgment for the applicant for the sum of Ksh. 65,125.00. Each party…

Source excerpt

• Advocate Client Costs
• Certificate Of Taxation
• Interest On Taxed Costs
• Enforcement Of Costs

Ngaywa Ngigi & Kibet Advocates v Monarch Insurance Co Ltd

Ngaywa Ngigi & Kibet Advocates v Monarch Insurance Co Ltd [2025] KEHC 10671 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E065 of 2023

Judge

TW Ouya

The court found that the applicant was entitled to judgment for the taxed costs as the certificate of taxation had not been set aside, there was no dispute as to retainer, and no reference had been filed by the respondent. However, the applicant failed to provide evidence that a claim for interest was raised in the bill served to the respondent, as required by Rule 7 of the Advocates Remuneration Order. Therefore, while judgment was entered for the taxed sum of Ksh. 72,950.00, the prayer for interest was disallowed. Each party was ordered to bear its own costs.

Source excerpt

• Advocate Client Costs
• Certificate Of Taxation
• Interest On Taxed Costs
• Enforcement Of Costs

Mwamu t/a Mwamu & Co Advocates v Adongo

Mwamu t/a Mwamu & Co Advocates v Adongo [2025] KEHC 10574 (KLR)

Court

High Court

Case number

Miscellaneous Application 133 of 2017

Judge

A Mabeya

The court held that the applicant, by issuing a letter on 25/11/2008 specifying the final legal fee for both the High Court and Court of Appeal matters and subsequently deducting that amount from funds received on behalf of the client, was estopped from claiming any further fees for the same matters. The court found that the letter, though not signed by the client, was clear and unequivocal in its terms and was acted upon by both parties. The court rejected the applicant's argument that the bills of costs related to fresh instructions, noting that the applicant was aware of the status of the…

Source excerpt

• Advocate Client Costs
• Taxation Of Costs
• Equitable Estoppel
• Retainer Agreements

T.Tum t/a Tum & Associates Advocates v Tanui

T.Tum t/a Tum & Associates Advocates v Tanui [2025] KEHC 10561 (KLR)

Court

High Court

Case number

Miscellaneous Application Probate & Administration 9 of 2022

Judge

RN Nyakundi

The court held that the applicant, having been duly instructed and having rendered legal services to the respondent, is entitled to have the advocate-client bill of costs taxed and allowed by the taxing master. The Advocates Act provides a statutory mechanism for recovery of costs through taxation, and once the bill is taxed and a certificate of costs is issued, the amount is final unless set aside or altered by the court. There is no requirement for the advocate to file a separate suit for recovery of costs if the retainer is not disputed. The court found the application merited and allowed…

Source excerpt

• Advocate Client Costs
• Taxation Of Costs
• Recovery Of Legal Fees

Enworld Holdings Limited v Riley Falcon Security Services Limited

Enworld Holdings Limited v Riley Falcon Security Services Limited [2025] KEHC 10602 (KLR)

Court

High Court

Case number

Civil Appeal E155 of 2024

Judge

A Mabeya

The High Court upheld a judgment for unpaid security-service fees, finding the appellant impliedly accepted increased rates and failed to prove its counterclaim.

• Contract Variation
• Implied Acceptance
• Burden Of Proof
• Special Damages
• Counterclaim Liability
• Contract-variation

Junction Forex Bureau Limited v Rafique

Junction Forex Bureau Limited v Rafique [2025] KEELRC 2136 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E484 of 2022

Judge

JW Keli

The court awarded the employer KES 16.5 million after finding the employee misappropriated funds, breached employment duties, and was unjustly enriched.

• Employee Fraud
• Breach Of Fiduciary Duty
• Unjust Enrichment
• Misappropriation Of Funds
• Employee-fraud
• Breach-of-fiduciary-duty

J.W. & Frank Advocates LLP v Monarch Insurance Company Ltd

J.W. & Frank Advocates LLP v Monarch Insurance Company Ltd [2025] KEHC 10683 (KLR)

Court

High Court

Case number

Miscellaneous Application E195 of 2023

Judge

A Mshila

The court found that the four matters involved the same parties and similar subject matter, warranting consolidation under the Civil Procedure Rules. The Certificates of Taxation issued on 9th July, 2024, were uncontested, and the respondent had not filed any reference or appeal. Accordingly, the court adopted the Certificates of Taxation as judgments for the respective sums. However, the applicant failed to provide evidence that a demand for interest had been served on the respondent as required by Rule 7 of the Advocates (Remuneration) Order. Therefore, the prayer for interest was disallowe…

Source excerpt

• Taxation Of Costs
• Advocate Remuneration
• Consolidation Of Matters
• Interest On Costs

RBZ Advocates LLP v China State Construction Engineering Corporation Limited

RBZ Advocates LLP v China State Construction Engineering Corporation Limited [2025] KEHC 10366 (KLR)

Court

High Court

Case number

Commercial Case E152 of 2022

Judge

H Namisi

The court found that the email correspondence of 5 August 2021, which included an amended fee note sent by the Advocate/Applicant to the Client/Respondent, constituted a valid and enforceable remuneration agreement under Section 45 of the Advocates Act. The Taxing Officer was correct in holding that such an agreement ousted her jurisdiction to tax the Bill of Costs. The Applicant's argument that the agreement was invalid due to lack of a formal signature or because it was induced by a promise of future work was rejected; the court held that the Applicant knowingly entered into the agreement a…

Source excerpt

• Advocate Client Costs
• Remuneration Agreements
• Taxation Of Costs
• Jurisdiction Of Taxing Officer

JW & Frank Advocates LLP v Monarch Insurance Company Limited

JW & Frank Advocates LLP v Monarch Insurance Company Limited [2025] KEHC 10678 (KLR)

Court

High Court

Case number

Civil Case E040 of 2024

Judge

GL Nzioka

The High Court at Naivasha consolidated related advocate-client taxation matters, entered judgment for Kshs 594,608, and awarded 14% interest and costs.

• Advocate Client Costs
• Taxation Of Costs
• Consolidation Of Matters
• Interest On Costs
• Advocate-client-costs
• Taxation-of-costs

National Social Security Fund Board of Trustees v Micro City Computers Limited

National Social Security Fund Board of Trustees v Micro City Computers Limited [2025] KECA 1313 (KLR)

Court

Court of Appeal

Case number

Civil Application E045 of 2024

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal granted certification and leave to appeal to the Supreme Court on issues about special damages, amendment of pleadings, fair hearing, and anticipated profits.

• Pleadings Amendment
• Special Damages Proof
• Breach Of Contract Damages
• Fair Hearing Rights
• Special-damages-proof
• Amendment-of-pleadings