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Case Brief · caselaw.co.ke
ELCOtherNotice of Motion dated 15th May, 2025

Amondi & Company Advocates v Oyieko (Miscellaneous Application E002 of 2023) [2025] KEELC 6200 (KLR)

High Court of Kenya
23 September 2025
226 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan High Court refused to enter judgment for an advocate because the Certificate of Costs didn't match the Taxing Master's ruling.

What this practically means

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Executive summary

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This is a ruling on a Notice of Motion dated 15th May 2025 by Silvia Nyambeki Advocate, seeking entry of judgment in terms of a Certificate of Costs, issuance of a decree, and costs of the application. The application was supported by the advocate's supporting affidavit and was unopposed; an affidavit of service confirmed that the respondent was duly served with the application and hearing notice, and neither party appeared at the virtual delivery of the ruling. Although the application was unopposed, the court identified a material discrepancy on the record: the Certificate of Costs stated Kshs.971,944.27, while the Taxing Master's ruling dated 9th November 2023 awarded Kshs.342,720.60. No material was placed before the court to explain the difference. The court declined to enter judgment on the certificate as drawn and instead remitted the file to the Taxing Master to draw a Certificate of Costs in accordance with the ruling of 9th November 2023, with liberty for the file to return to the court thereafter for entry of judgment in terms of the corrected certificate. No costs order was made. The decision underscores that a certificate of costs must accurately reflect the Taxing Master's ruling before judgment on taxed fees can be entered, even in undefended applications.

Questions the Court framed

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

  1. 1.Whether judgment should be entered in terms of the Certificate of Costs in favour of the advocate/applicant
  2. 2.Whether the discrepancy between the amount in the Certificate of Costs and the amount in the Taxing Master's ruling of 9th November 2023 could be explained

Key legal issues

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01

Whether judgment may be entered in terms of a Certificate of Costs that does not tally with the Taxing Master's ruling

Holding

No - judgment could not be entered until the Certificate of Costs was redrawn to conform to the ruling of 9th November 2023

Reasoning

The Certificate of Costs reflected Kshs.971,944.27 while the Taxing Master's ruling dated 9th November 2023 awarded Kshs.342,720.60. No material was placed before the court to explain this discrepancy. Since judgment in an advocate's fee claim is entered in terms of a certificate that accurately reflects taxation, the court remitted the file to the Taxing Master to draw a proper certificate before judgment could be entered.

p. 1

Legal principles established

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  • A Certificate of Costs must correspond with the Taxing Master's ruling before judgment can be entered in terms of it

Court orders

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  1. 1.The file is returned to the Taxing Master to draw a Certificate of Costs in accordance with the ruling dated 9th November 2023 to enable entry of judgement
  2. 2.Thereafter the file may be returned to the court for entry of judgement in terms of the Certificate of Costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Advocate's remedy to enter judgment in terms of a Certificate of Costs following taxation

Relief refused

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Judgment entered in terms of the Certificate of Costs as prayed

The amount in the Certificate of Costs (Kshs.971,944.27) did not match the amount awarded in the Taxing Master's ruling (Kshs.342,720.60) and no material explained the discrepancy

p. 1

Costs

No costs order made; the application sought costs of the application but the court made no costs order.

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.

For the foregoing reason the file is hereby returned to the Taxing Master to draw Certificate of Costs in accordance with the ruling dated 9th November 2023 to enable entry of judgement.
p. 2Remittal to Taxing Master to correct Certificate of Costs
Thereafter the file may be returned to this court for entry of judgement in terms of the Certificate of Costs.
p. 2Subsequent entry of judgment in terms of the corrected certificate

Issues in the judgment

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minor

The case title, party names and case number are not stated on the face of the judgment; the judgment refers only to an unnamed applicant and respondents and to the application by date

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, "Amondi & Company Advocates v Oyieko (Miscellaneous Application E002 of 2023) [2025] KEELC 6200 (KLR)", Case Analysis (2025). Notice of Motion dated 15th May, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6200/eng@2025-09-23

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