Sophie Chirchir t/a Cherono Chirchir & Co. Advocates v Africa Merchant Assuarance Co. Ltd [2017] KEHC 1259 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

MISC. CIVIL APPLICATION NO. 206 OF 2016

IN THE MATTER OF THE ADVOCATES ACT

AND

IN THE MATTER OF ADVOCATE – CLIENT BILL OF COSTS

BETWEEN

SOPHIE CHIRCHIR T/ACHERONO CHIRCHIR & CO. ADVOCATES....APPLICANT

VERSUS

AFRICA MERCHANT ASSUARANCE CO. LTD..................................RESPONDENT

R U L I N G

1. This is ruling on the application dated 6/06/2017 seeking for orders that the judgment entered for the applicant against the respondent for the sum of Kshs.375,008. 16 plus interest thereon at 9% per annum from 31/01/2017 until payment in full.

2. The application is supported by the affidavit of Sophie Chirchir an advocate of the High Court of Kenya who is the applicant.  The grounds supporting the application is that the applicant represented the respondent in Embu CMCC No. 277’B’ of 2012. The advocate/client bill of costs was taxed on 31/01/2017 at Kshs.375,008. 16 in favour of the applicant and the taxation certificate was issued on 22/05/2017.  Neither has the said taxation or certificate been altered, varied or set aside since the date of issue.  The retainer is uncontested and no appeal has been filed against the orders of taxation.

3. The respondent was served with the application on 23/06/2017 but failed to file a replying affidavit. The application is therefore unopposed.

4. The applicant relied on the bill of costs, the certificate of taxation, the proceedings in CMCC No. 277’B’ of 2012 and on correspondence between the parties among other documents.  Also annexed to the application are two certificates of registration showing that the applicant changed her business name to Cherono Chirchir & Company on 25/02/2016.

5. Also in support of the application is a letter dated 2/05/2013 addressed to Cherono & Company Advocates by the respondent instructing the said firm to represent it in Embu CCMC No. 277’B’ of 2012.  At the time of instruction, the applicant was trading in the name of M/s Cherono & Company Advocates which was later changed to Cherono Chirchir & Company Advocates.  It stated that the respondent was notified of the change.

6. The documents annexed to the application are sufficient prove that the applicant is an advocate of the High Court of Kenya practicing in the name of Cherono Chirchir & Company Advocate based at Hazina Towers, Monrovia street, Nairobi.  It is also evident that the firm was instructed by the respondent and insurance company based at Transnational Plaza, Mama Ngina Street, Nairobi.  The proceedings and the original court file shows that the applicant entered appearance in CMCC No. 277’B’ of 2012 on behalf of the respondent and one Eliud Karingo Wambugu the 1st defendant.  Separate statements of defence were filed by the same firm.  Judgment was delivered on 3/08/2016 and the bill taxed thereafter at Kshs.375,008. 16 in favour of the applicant.

7. I am satisfied that the applicant rendered legal services to the respondent in Embu CMCC  No. 277’B’ of 2012 from the initial stages to the end and that the respondent owes her the amount of KShs.375,008. 16 as per the certificate of taxation dated 22/05/2017.  For the foregoing reasons, I hereby allow the application as prayed with costs to the applicant.

8. The facts in Misc. Application No. 205 of 2016 are similar.  This ruling will apply to the said application in all aspects save for the respective particulars of the relevant suits.

9. It is hereby so ordered.

DATED, DELIVERED AND SIGNED AT EMBU THIS 7TH  DAY OF DECEMBER, 2017.

F. MUCHEMI

JUDGE

In the absence of the parties