1.By a Notice of Motion dated 19th day of July 2021 under section 51(2) of the Advocates Act, the applicant moved the Court for an Order that judgement be entered against the Respondent for the sum of Kenya Shillings one hundred and sixty-nine thousand, four hundred and five (Kshs. 165405) being the certified cost due.
2.It was supported by the grounds that the Advocate –Client cost was taxed at the sad sum and that there was no dispute that the respondent had retained the applicant as their Advocate and despite the said taxation the same had b] neglected and or refused to settle the taxed amount.
3.It was supported by the annexed affidavit of Joseph N. Ngugi in which it was deposed that the applicant represented the respondent’s insured in Kigumo Srmc No 18 Of 2015 Samson Mutwiri Kijogi Vs Paul Muthama & Kamau Christopher, and upon the respondent failing to pay the legal fee, the same was taxed at the amount claimed herein.
4.It was contended that the applicant was instructed through a letter dated 20th April 2016 and that the certificate of taxation thereon was issued on 27th day of August 2020.
5.The respondent though served did not file any response to the application and did not attend the hearing thereof.
6.Section 51(2) of the Advocates Act Provides that the certificate of taxing officer shall be final as to the amount of cost covered thereby unless set aside and the court in cases where the retainer is not disputed shall make an order that judgement be entered for the taxed amount.
7.In this matter, the respondent has not challenged the retainer and has not disputed the taxed amount and therefore the applicant has passed the set standard for the grant of the orders sought.
8.I therefore find merit on the application herein and enter judgement for the applicant for the sum of Kshs. 165,405/= being the taxed amount together with interest thereon as prayed for together with cost of the application and it is ordered.