Miscellaneous Application E082 of 2021

Case Metadata
Case Number:	Miscellaneous Application E082 of 2021
Parties:	Simiyu Opondo Kiranga & Co. Advocates v County Government of Kisumu
Date Delivered:	23 Jun 2023
Case Class:
Court:	High Court at Kiambu
Case Action:	Ruling
Judge(s):	Abigail Mshila
Citation:	Simiyu Opondo Kiranga & Co. Advocates v County Government of Kisumu (Miscellaneous Application E082 of 2021) [2023] KEHC 19420 (KLR) (23 June 2023) (Ruling)
Advocates:	Muriuki H/B for Opondo Advocate for For Respondent
County:	Kiambu
Advocates:	Muriuki H/B for Opondo Advocate for For Respondent
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Simiyu Opondo Kiranga & Co. Advocates v County Government of Kisumu (Miscellaneous Application E082 of 2021) [2023] KEHC 19420 (KLR) (23 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19420 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Application E082 of 2021

A Mshila, J

June 23, 2023

Between

Simiyu Opondo Kiranga & Co. Advocates

Applicant

and

County Government of Kisumu

Respondent

Ruling

Background

1.Before court is the Notice of Motion dated February 18, 2022 and brought under Section 51(2) of the Advocates Act Chapter 16 of the Laws of Kenya. The applicant sought for the following orders:-a.That Judgment be entered in favour of the applicant against the respondent for the sum of Kshs 4,553,539/= being the certified costs due to the applicant as against the respondent.b.That the respondent do pay to the applicant the costs of this application together with interest on the taxed sum.

2.The application is premised on the grounds that the Advocate-Client costs have been taxed and a Certificate of taxation issued to that effect. Nevertheless, the respondent has neglected to pay the taxed costs as such judgment should be entered for the applicant as against the respondent.

3.Sospeter Opondo Aming’a swore his affidavit in support of the application. He deposed that he acted for the respondent in HCCC No 19 of 2016 –Kiambu where the respondent has now refused to pay the legal fees amounting to Kshs 4,553,539/= which has since been taxed and a certificate of taxation issued on October 28, 2021.

Issues For Determination

4.Having considered the application and the supporting affidavit, the main issue for determination is whether the application is merited for the court to enter judgment in the sum of Kshs 4,553,539/=.

Analysis

5.Section 51(2) of the Advocates Act 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 recovered thereby; and the court may make such orders in relation thereto as it thinks fit, including where the retainer is not disputed an order that judgment be entered for the sum of certified to be due with costs.”

6.The wordings of the above section empower the court to enter judgment on the taxed amount if the same is uncontested.

7.In determining whether the court should adopt the amount on the certificate of taxation as the judgment of the court it should be satisfied that the certificate of taxation has not been set aside. I place reliance in the case of: Lubulellah & Associates Advocates v NK rothers Limited (2014) eKLR where the court observed that;-“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment. An applicant is not required to file suit for the recovery of costs. The certificate of costs is final as to the amounts of the costs and the court would be quite in order to enter judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on November 25, 2012.”

Determination

8.In light of the foregoing this court makes the following findings and determination;i.This court finds the application to be meritorious;ii.The application dated February 18, 2022 be and is hereby allowed.iii.Judgment be and is hereby entered in favour of the Advocate in the sum of Kshs 4,553,539/= as per the Certificate of Taxation dated October 28, 2021.iv.There shall be no order on interest on the taxed sum.v.The applicant to bear its own costs on this application.

Orders Accordingly.

DATED SIGNED AND DELIVERED ELECTRONICALLY AT KIAMBU THIS 23^RD DAY OF JUNE, 2023.A.MSHILAJUDGE

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