Karanja v Sammy Traders Limited [2025] KEHC 9331 (KLR)

Karanja v Sammy Traders Limited (Civil Miscellaneous Application E293 of 2024) [2025] KEHC 9331 (KLR) (27 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9331 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Miscellaneous Application E293 of 2024

A Mabeya, J

June 27, 2025

Between

Peter M. Karanja Advocate

Applicant

and

Sammy Traders Limited

Respondent

Ruling

1. By a Motion on Notice dated 9/4/2024, the Advocate applied for Judgment for Kshs.321,678/- against the respondent. The Motion was brought under section 51(2) of the Advocates Act, Cap 16 Laws of Kenya.

2. The basis for seeking judgment was that it was in terms of a Certificate of Costs dated 13/2/2025. The Advocate also sought interest at the rate of 14% per annum from 9/11/2018 until payment in full.

3. In the Supporting affidavit sworn by Peter M. Karanja on 9/4/2025, it was contended that the Advocate’s fees became due on 9/4/2025 when the Advocates fee note was delivered to the client. A copy thereof was produced.

4. The bill of costs dated 6/8/2024 was taxed on 13/2/2025 and a Certificate of Costs for Kshs.321,678/- was issued on 13/2/2025. That it was imperative that judgment be entered in terms thereof to enable the Advocate recover his costs.

5. I have considered the record. I have also considered the oral submissions of Mr. Karanja and Ms. Oyoko. I have seen a copy of the Certificate of Costs dated 13/2/2025. It is for Kshs.321,678/-.6. 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 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.”

7. From the foregoing, it is clear that an Advocate is entitled to judgment on the amount certified after a taxation of an advocate-client bill of costs. That Certificate must not have been varied or set aside. In the present case, there was an averment in the supporting affidavit that the said Certificate of Costs dated 13/2/2025 had not been varied or set aside. The respondent did not oppose the same but only opposed the interest and asked for payment by instalments.

8. On the 14% interest, this applies 30 days after service of a fee note by an advocate upon his client. In this case, there was evidence that such a fee note was served and not paid. The same was dated 9/11/2018. The client did not deny having been served with the same.

9. As regards the filing and abandonment of the Objection by the Advocate in this matter, that cannot be a bar for an application under section 51(2) of the Advocates Act.

10. In this regard, the time for interest will run 30 days from 9/11/2018, that is 10/12/2018. As to payment by instalments, that is an application that can only be considered after judgment has been entered. It may be made orally or formally.

11. Accordingly, I allow the application. Judgment is entered for the applicant/advocate against the respondent/client for Kshs.321,678/- together with interest at 14% p.a from 10/12/2018 until payment in full.It is so ordered.

DATED AND DELIVERED AT KISUMU THIS 27TH DAY OF JUNE, 2025. A. MABEYA, FCI ArbJUDGE