Mukabane & Kagunza Advocates vs Joseph Kiptoo Barngetuny & Another
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 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
#Whether an unopposed certificate of costs should be converted into a decree and judgment under section 51(2) of the Advocates Act
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.
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.
Legal principles established
#- 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
#- 1.The certificate of costs dated 24th May 2024 and issued on 24th May 2024 converted into a decree and judgment
- 2.Costs of the application awarded to the applicants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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.
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.
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.
Issues in the judgment
#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)'
Apparent typographical error in the statutory citation for the Environment and Land Court legislation, showing conflicting years
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.