Chirchir t/a Cherono Chirchir & Company Advocates v Africa Merchant Assurance Company Limited [2025] KEHC 3561 (KLR)

Chirchir t/a Cherono Chirchir & Company Advocates v Africa Merchant Assurance Company Limited (Civil Miscellaneous Application 83 of 2019) [2025] KEHC 3561 (KLR) (19 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3561 (KLR)

Republic of Kenya

In the High Court at Nyeri

Civil Miscellaneous Application 83 of 2019

DKN Magare, J

March 19, 2025

Between

Sophie Chirchir t/a Cherono Chirchir & Company Advocates

Applicant

and

Africa Merchant Assurance Company Limited

Respondent

Ruling

1. This is a ruling over a Miscellaneous Application dated 28th September, 2021. The Applicant sought relief that judgment be entered for the Applicant against the Respondent in the sum of Kshs. 154,396/= being the sum taxed and certified by the Deputy Registrar on 13th July 2021 as due to the Applicant. The Court however notes that the Applicant did not annex the Certificate of Taxation.

2. The application is stated to be brought under Section 55(2) of the Advocates Act but ought to have been brought under Section 51 (2) of the Advocates Act. The said Section 51(2) of the Advocates Act provides thus:a.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 covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.

3. As a fact, after filing of the Notice of Motion dated 28th September 2021, there does not appear to be active participation of the Respondent. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held: -Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit...

4. The Applicant has done her part, serving the bill of costs, and other processes. The application is allowed.

Determination 5. I therefore make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent for Kshs. 154,396/=.b.Interest thereon is awarded effective as from 13/8/2021. c.File is closed.

DELIVERED, DATED AND SIGNED AT NYERI ON THIS 19TH DAY OF MARCH, 2025. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Ms. Mbaabu for the ApplicantNo appearance for the RespondentCourt Assistant – Michael