Mwangi Njenga & Company Advocates v County Government of Mombasa [2022] KEHC 12261 (KLR)

Mwangi Njenga & Company Advocates v County Government of Mombasa (Miscellaneous Civil Application 26 of 2022) [2022] KEHC 12261 (KLR) (5 May 2022) (Ruling)

Neutral citation: [2022] KEHC 12261 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Civil Application 26 of 2022

OA Sewe, J

May 5, 2022

IN THE MATTER OF THE ADVOCATES ACT, CHAPTER 16 OF THE LAWS OF KENYA

Between

Mwangi Njenga & Company Advocates

Applicant

and

County Government Of Mombasa

Respondent

Ruling

1. This ruling is in respect of the notice of motion dated February 25, 2022. The said application was filed by the applicant pursuant to section 51(2) of the Advocates Act, chapter 16 of the laws of Kenya as well as sections 1A, 1B, 3 and 3A of the Civil Procedure Act, chapter 21 of the laws of Kenya, and all other enabling provisions of the law, for orders that:[a]The various taxed matters between the advocate and client, as listed hereunder, which arise out of similar issues of law and fact be consolidated for expedient disposal:-Serial No Miscellaneous No Date of Certificate of Cost Amount

1 HCMA No E002/21 August 19, 2021 2,509,218. 60

2 HCMA No E065/20 August 25, 2021 906,217. 33

3 HCMA No E064/20 August 25, 2021 1,670,633. 80

4 HCMA No 5/21 August 26, 2021 551,689. 41

5 HCMA No 14/21 June 23, 2021 52,564. 00

6 HCMA No E092/20 July 22, 2021 376,146. 00

7 HCMA No E015/21 August 18, 2021 319,497. 55

8 HCMA No. E066/20 June 23, 2021 677,039. 20

9 HCMA No. 43/15 June 9, 2021 226,637. 80

10 HCMA No. E017/21 August 4, 2021 307,067. 00

TOTAL

7,596,710. 69[b]That judgment be entered in favour of the applicant in the sum of Kshs 7,596,710. 69 plus interest thereon at court rates from the date hereof until payment in full;[c]That the costs of the application be provided for in the sum of Kshs 20,000/= per certificate of costs in the schedule hereof.

2. The application was premised on the grounds that outstanding legal fees between the advocate and the client have been taxed and certified by the court in the total sum of Kshs 7,596,710. 69; and that the applicant has served the respondent with the certificates of costs through its Mombasa head office; but that the respondent has failed and/or neglected to satisfy the certificate of costs, thus rendering the filing of the instant application necessary. The application was premised on the affidavit of John Gachiri Kariuki annexed thereto, to which copies of the ten certificates were attached in proof of the sum claimed.

3. Although the application was duly served on the respondent, no response was filed thereto. In fact, Mr Kuria, who held brief for Mr Mangaro for the respondent on March 23, 2022 informed the court that Mr Mangaro was not opposed to the application. The court, consequently, granted Prayer 1 and ordered that the ten taxation files be availed for perusal and verification.

4. Having considered the application and its supporting affidavit; and having perused the parent taxation files, my findings are as hereunder:[a]That only the certificates of taxation in respect of HCMA E014 of 2021; HCMA No 15 of 2021, HCMA No 17 of 2021 and HCMA No E064 of 2021 tally with the copies filed herein in terms of the names of the parties and the respective taxed amounts.[b]The rest of the files cited are taxations in respect of totally different parties and for different amounts.

5. In the premises, judgment is hereby entered in the applicants favour for Kshs 2,349,762. 35 only together with interest thereon at court rates from the date of taxation, as well as costs of the instant application, on the basis of the following certificates:[a]HCMA No E014 of 2021 – Kshs 52, 564. 00[b]HCMA No E015 of 2021 – Kshs 319,497. 55[ c]HCMA No E017 of 2021 – Kshs 307,067. 00[d]HCMA No E064 of 2020 – Kshs 1,670,633. 80

6. There being no basis for me to enter judgment for the rest of the certificates, it is hereby ordered that appropriate applications be made in the respective filed for consideration. It is further ordered that reasonable sums for costs of the instant application as well as the four matter mentioned in paragraph 5 above to be taxed by the Deputy Registrar.It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA THIS 5TH DAY OF MAY, 2022. OLGA SEWEJUDGE