Analysis and Determination
4.I have carefully read through the application dated March 15, 2022, the affidavit in support and the response thereto alongside the written submissions filed by both parties so as to come up with a determination. I find the issues for determination being whether or not the applicant’s certificate of taxation dated March 11, 2022 for the sum of Kshs 492,241.92 together with costs and interest can be entered as a Judgment of the court.
5.Both the applicant and the respondent have relied on the provisions of section 51(2) of the Advocates Act which state that;
7.The applicant invoked section 26(1) and (2) of the Civil Procedure Act which provides as follows;
8.On the basis that the purpose of the award of interest was to compensate the claimant for having been denied the right to enjoy her money from 2019 when the claimant rendered her services to the respondent.
9.Having carefully read and considered the evidence submitted before this court in opposition or support of the application, I find no reference has been made against the decision of the Taxing Master and neither has the certificate of costs been set aside or altered. The retainer is not disputed as well. Therefore, the only issue arising is whether the claimant is entitled to an order for interests on the taxed amount herein as demanded.
10.It is imperative to note that this court is guided by the provisions of rule 7 of the Advocate Remuneration Order which states that the interest of 14% per annum is only charged from the expiration of 30 days from the date of delivery of the bill of cost to the client and is only chargeable if the interest was raised before the amount of the bill was paid in full.
11.The applicant served the respondent with the bill of cost vide a letter on the November 29, 2021 and has attached a supplementary affidavit showing the same and agrees that the mode of service is within the confines of service recognized by law. Therefore, this court takes into consideration that the respondent was aware of the bill of cost as of the date of service. The certified cost became payable from the date of service as it is not contested, altered or set aside and the retainer is not disputed either.
12.The claim for payment of 14% interest per annum was raised in the present application and as the certified costs had not been paid until ruling on this matter was delivered, the same was payable from the date of service.
13.In conclusion, the application dated March 15, 2022 is merited, hence allowed in the following terms:-a)Judgement is hereby entered in favor of the advocate in the sum of Kshs 492,241.92 with interest at 14% per annum calculable at 30 days from the date when the bill of cost was served upon the client.b)Costs of this application be awarded to the advocate.It is so ordered.