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ELCAllowedNot stated in the judgment

Mukabane & Kagunza Advocates vs Joseph Kiptoo Barngetuny & Another

Environment and Land Court of Kenya
27 January 2025
794 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that once a certificate of costs goes unchallenged, it becomes final and an advocate can turn it into an enforceable judgment.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kapsabet (G M A Ongondo, J) delivered on 27th January 2025 in an application by way of Notice of Motion dated 27th June 2024 by the advocates' firm Mukabane & Kagunza Advocates. The applicants sought, under section 51(2) of the Advocates Act and Order 11(3)(1)(h) of the Civil Procedure Rules 2010, orders to convert a certificate of costs dated 24th May 2024 into a decree and judgment, plus costs of the application. The applicants had been retained to defend the respondents in Kapsabet ELCC No. 29 of 2021 (formerly Eldoret ELCC No. 61 of 2014, John Kiptiony Bett vs Joseph Kiptoo Barngetuny and another), with an agreement that legal fees and disbursements would be paid. The advocate-client bill was allowed at Kshs 1,736,927.5/= and certified. The respondents were duly served but filed neither a response nor submissions. The court held that the retainer was unchallenged and that the certificate of costs, having not been set aside or altered, was final as to the amount covered, entitling the applicants to entry of judgment. The court noted its inherent powers under sections 1A, 1B, 3 and 3A of the Civil Procedure Act and section 3 of the Environment and Land Court Act, and invoked paragraph 7 of the Advocates Remuneration Order on interest at 14 per cent per annum. The application was allowed in its entirety, and costs were awarded to the applicants.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application to convert the unchallenged certificate of costs dated 24th May 2024 into a decree and judgment is merited

Key legal issues

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01

Whether an unopposed certificate of costs should be converted into a decree and judgment under section 51(2) of the Advocates Act

Holding

The application was allowed; the retainer was unchallenged, the certificate of costs was unopposed and unaltered, and the applicants had a vested right to judgment and decree for the certified sum.

Reasoning

The court found that the respondents were duly served but neither responded to the application nor filed submissions. The retainer by the respondents was unchallenged. The certificate of costs dated 24th May 2024 had not been set aside or altered, making it final as to the amount of costs covered thereby. Relying on section 51(2) of the Advocates Act and the cited authorities, the court held that judgment should be entered for the certified sum, and invoked its inherent powers to grant orders that meet the ends of justice.

p. 3

Legal principles established

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  • A certificate of costs that has not been set aside or altered by the court is final as to the amount of costs covered thereby, and judgment may be entered for the advocate in accordance with it.
  • An unchallenged retainer of an advocate by a client supports entry of judgment for certified fees under section 51(2) of the Advocates Act.
  • Under paragraph 7 of the Advocates Remuneration Order, an advocate may charge interest at 14 per cent per annum on disbursements and costs.

Court orders

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  1. 1.The certificate of costs dated 24th May 2024 and issued on 24th May 2024 converted into a decree and judgment
  2. 2.Costs of the application awarded to the applicants

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act as read with section 3 of the Environment and Land Court Act, 2015 (2011); section 51(2) of the Advocates Act Cap 16

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In this application, the certificate of costs (SNK-1) has not been set aside or altered by the court thus, the same is final as to the amount of costs covered thereby.
p. 3Finality of unchallenged certificate of costs
Wherefore, the application is firm and meritorious. The same is hereby allowed in terms of orders (i) and (ii) sought therein as set out in paragraph 1 (a) and (b) hereinabove.
p. 3Final orders - conversion of certificate of costs into decree and judgment
This court has inherent and special powers under sections 1A, 1B, 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya as read with section 3 of the Environment and Land Court 2015 (2011) to grant orders sought in the application to meet the ends of justice.
p. 3Court's inherent powers to grant just orders

Issues in the judgment

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minor

Internal inconsistency in the reference to the orders: the motion lists two orders (i) and (ii) but the decretal paragraph refers to 'paragraph 1 (a) and (b)'

minor

Apparent typographical error in the statutory citation for the Environment and Land Court legislation, showing conflicting years

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mukabane & Kagunza Advocates vs Joseph Kiptoo Barngetuny & Another", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/133/eng@2025-01-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.