Amondi & Company Advocates v Ngode & 3 others (Miscellaneous Application E001 of 2023) [2025] KEELC 4243 (KLR)
The bottom line
#If you don't challenge a taxed advocate's fee bill, the court will convert it into a judgment you must pay, plus interest.
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 certificate of costs of Kshs.284,144.78 should be adopted as judgment and decree of the court with interest
- 2.Whether the monies the Respondent claims to have paid to the applicant should be set off against the taxed costs
- 3.Whether the applicant is entitled to interest on the taxed costs from the date of filing the bill of costs
Key legal issues
#Set-off of pre-taxation payments against a taxed certificate of costs
The claim for set-off fails where the taxation was never challenged and there is no evidence that the Taxing Master failed to take the payments into account.
The retainer was not challenged and the bill had been taxed, with a certificate of taxation issued on 27th February 2024 that had not been set aside or altered. The only contest was over monies allegedly paid before taxation. The court noted the set-off issue was raised before the taxing master, that the Respondent did not challenge the taxation, and that no evidence showed the Taxing Master ignored the payments, so the application for adoption with interest succeeded.
Entitlement to interest on taxed costs under Rule 7 of the Advocates' Remuneration Order
The applicant is entitled to interest on the taxed costs from the date of filing the bill of costs pursuant to Rule 7 of the Advocates' Remuneration Order.
The applicant sought adoption of the certificate of costs with interest at 11% per annum from 17th July 2023, the date of filing the bill for taxation, relying on Rule 7 of the Advocates' Remuneration Order. The court, finding the application merited and unopposed by any challenge to the taxation, allowed the application as prayed and adopted the certificate as judgment and decree with interest.
Legal principles established
#- A party dissatisfied with a taxation must challenge it; where the taxation is not challenged and no evidence shows the taxing master failed to account for payments made, the certificate of taxation stands and may be adopted as judgment.
Court orders
#- 1.The Notice of Motion dated 18/3/2025 is allowed
- 2.Certificate of costs of Kshs.284,144.78 adopted as judgment and decree of the court
- 3.Costs of the application to the applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Advocates' Remuneration Order, Rule 7
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.
The Respondent has however not challenged the taxation. In the circumstances and in view of the fact that no evidence has been placed before court that the Taxing Master failed to take the said monies into account, the court finds that the application has merit and hereby allows it.
Costs of the application to the applicant. Orders accordingly.
There is no dispute that the applicant’s bill has been taxed and certificate of taxation prepared by the taxing master. The only point of contestation is monies which the Respondent claims to have paid to the applicant before the taxation.
Issues in the judgment
#The judgment does not expressly restate the interest rate (11% per annum) or the interest period in the final orders; the orders simply allow the application as prayed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amondi & Company Advocates v Ngode & 3 others (Miscellaneous Application E001 of 2023) [2025] KEELC 4243 (KLR)", Case Analysis (2025). Notice of Motion dated 18/3/2025 (arising from ELC Land Case No 48 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4243/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.