Njagi Wanjeru & Company Advocates v Nairobi City County [2015] KEHC 1365 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

MISCELLANEOUS CIVIL APPLICATION NO.  216 OF 2015

NJAGI WANJERU & COMPANY ADVOCATES ………….APPLICANT

VERSUS

NAIROBI CITY COUNTY …………………………………..RESPONDENT

COURT RULING

The advocate/applicant’s application is dated 19th August 2015.  It is supported by the affidavit of the applicant sworn on 19th August 2015.

The applicant seeks for judgment for taxed costs.  The costs were taxed by consent and therefore there is no issue of retainer pending.  Neither is there any reference challenging the taxation.  The  advocate  did  send  notice  under Paragraph  7 of  the Advocates  Remuneration  Order  seeking  to charge  interest  at the rate  of 14%  per annum.  The same is dated 10th February 2010.

In the premise, I enter judgment for kshs 2,328,978. 00 in favour of the advocate applicant against the respondent client together with interest at 14% per annum from the date of taxation until payment in full.  There is no reason why the advocate did not tax the bills in 2010.

I make no orders as to costs.

Orders accordingly.

R.E. ABURILI

JUDGE

14/10/2015