Kemboy Law Advocates v Narok County Government [2025] KEHC 6421 (KLR)

Kemboy Law Advocates v Narok County Government (Miscellaneous Civil Application E151 of 2023) [2025] KEHC 6421 (KLR) (19 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6421 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E151 of 2023

A Mabeya, J

May 19, 2025

Between

Kemboy Law Advocates

Advocate

and

Narok County Government

Client

(Arising from Kisumu Court of Appeal Civil Application No. 72 of 2020)

Ruling

1. This is a Motion on Notice dated 4/3/2025. It is brought under section 51(2) of the Advocates Act and seeks Judgment in terms of a Certificate of Costs dated 26/9/2024. There is also a prayer for interest on the Judgment sum at 14% from 12/10/2023 until payment in full.

2. There is a supporting affidavit of Jepher K. Kere sworn on 4/3/2024. He avers that a bill of costs was taxed at Kshs.757,823/- on 26/9/2024. That the Certificate of Costs for that sum was issued and has not been set aside. He prays for Judgment for that sum.

3. I have considered the record. I have seen the Certificate of Costs dated 26/9/2024. It is said not to have been set aside or varied. Under section 51 of the Advocates Act, an Advocate is entitled to judgment on a certificate of costs that has not been varied or set aside.

4. The Motion was served but not opposed. The Court therefore believes that the averments in the Supporting Affidavit are true.

5. Accordingly, the Motion dated 4/3/2025 is hereby allowed and judgment entered as prayed.Orders accordingly. File closed.

DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF MAY, 2025. A. MABEYA, FCI ArbJUDGE