Otieno Ragot & Company Advocates v County Government of Kisumu [2023] KEHC 26870 (KLR)

Otieno Ragot & Company Advocates v County Government of Kisumu (Miscellaneous Civil Application E020 of 2023) [2023] KEHC 26870 (KLR) (13 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26870 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E020 of 2023

RE Aburili, J

December 13, 2023

Between

Otieno Ragot & Company Advocates

Applicant

and

County Government of Kisumu

Respondent

Ruling

1. The applicant is the Law Firm of Otieno, Ragot & Company Advocates. Vide their application dated August 18, 2023, sought orders Judgment and Decree of the Court be entered and issued in their favour, upon adoption of the certificate of taxation dated April 4, 2023 for the sum of kshs 156,060 being advocate client bill of costs as assessed. They also seek for interest at 14% per annum from 5th January, 2023.

2. The Applicant’s Advocate/Client Bill of Costs was taxed in the sum of Kshs 156,060.

3. The basis for the claim for interest is that on December 6, 2022, the Applicant delivered its itemized bill of costs to the client the County Government of Kisumu, which bill was not settled hence the filing into court. The Advocate believes that, pursuant to rule 7 of the Advocates Remuneration Order, they are entitled to recover interest from a date which falls 30 days after the proforma invoice was delivered to the Client.

4. The bill of costs was taxed exparte after the client failed to make any representation despite service of the same.

5. The client was also served with the application subject of this ruling but no appearance was made or opposition raised to the orders sought.

6. In the result, I enter judgment in favour of the advocate for the sum of Kshs 156,060 in accordance with the certificate of costs dated April 4, 2023. Decree to issue. The said sum will attract Interest at 14% per annum from January 5, 2023 until payment in full (which is 30 days from the date when the bill was served on the client.

7. On costs of the application, in order to bring the client advocate dispute over fees come to an end, I order that each party will meet their own costs of the application dated August 18, 2023.

8. Mention on 31/1/2024 to confirm settlement. The applicant to serve this ruling and decree upon the respondent.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF DECEMBER, 2023R.E. ABURILIJUDGE