Nyachiro t/a M/S Nyachiro Nyagaka Co Advocates v County Government of Nyamira [2023] KEHC 99 (KLR)

Nyachiro t/a M/S Nyachiro Nyagaka Co Advocates v County Government of Nyamira (Miscellaneous Civil Case E004 of 2022) [2023] KEHC 99 (KLR) (18 January 2023) (Ruling)

Neutral citation: [2023] KEHC 99 (KLR)

Republic of Kenya

In the High Court at Nyamira

Miscellaneous Civil Case E004 of 2022

FA Ochieng, J

January 18, 2023

Between

Jones Nyachiro t/a M/S Nyachiro Nyagaka Co Advocates

Applicant

and

The County Government Of Nyamira

Respondent

Ruling

1. The application dated April 20, 2022 was brought by Jones Nyachiro, trading as Nyachiro Nyagaka & Company Advocates (who shall hereinafter be cited as “the advocate”.

2. It is an application pursuant to the provisions of paragraphs 51(2) of the Advocates Remuneration Order.

3. The application is premised upon certificate of costs dated February 4, 2022. Pursuant to the said certificate of costs, the learned taxing officer had awarded to the advocate the sum of Kshs 1,507,962. 50.

4. The certificate of costs had neither been set aside nor varied.

5. Accordingly, the advocate is entitled to judgment for the taxed costs, and I do hereby enter judgment for the said sum.

6. The said sum will attract interest at court rates from March 5, 2022, which is a date that is 30 days from the date when the taxing officer delivered his ruling.

7. I have calculated the 30 days’ grace period from the February 4, 2022 because it is evident from the letter written on February 18, 2022, that the respondent was aware of the ruling on taxation, that was delivered on February 4, 2022.

8. Finally, the respondent will pay to the applicant, costs of the application.

DATED, SIGNED AND DELIVERED THIS 18TH DAY OF JANUARY, 2023. FRED A. OCHIENGJUDGEI certify that this is a true copy of the originalDEPUTY REGISTRAR