Shikanga t/a Apollo Ambutsi & Co Advocates v Munene (Environment and Land Miscellaneous Application E008 of 2024) [2026] KEELC 1559 (KLR)
The bottom line
#A Kitale court converted a law firm's taxed fee certificate into an enforceable judgment, plus 14% interest, because the client never challenged it.
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 Stated Costs dated 3/12/2024 should be adopted as a judgment of the court
- 2.Whether the applicant is entitled to interest on the taxed fees at 14%
Key legal issues
#Adoption of the certificate of taxation as a judgment
The Certificate of Stated Costs dated 3/12/2024 was adopted as a judgment of the court since there was no response or reference opposing it
Section 51(2) of the Advocates Act makes a certificate of taxation final unless set aside, varied or vacated. Relying on Lubulellah & Associates Advocates v N. K. Brothers Limited, the court held that in the absence of a reference against the ruling, nothing prevents entry of judgment. No response from the respondent was on record.
Entitlement to interest at 14% on taxed fees
Interest at 14% was awarded pursuant to Rule 7 of the Advocates Remuneration Order
Rule 7 of the Advocates Remuneration Order permits an advocate to charge interest on fees. The court cited Otieno, Ragot & Company Advocates v Kenindia Assurance Co. Ltd, where such a claim was allowed, and granted the 14% interest sought.
Legal principles established
#- A certificate of taxation is final unless set aside, varied, or vacated, and where no reference is filed the court may enter judgment on it
- An advocate may charge interest on his fees under Rule 7 of the Advocates Remuneration Order
Court orders
#- 1.The Certificate of Stated Costs dated 3/12/2024 is adopted as a judgment of the court
- 2.Interest on the taxed fees awarded at 14%
- 3.The application is allowed with costs to the applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 51(2) of the Advocates Act and Rule 7 of the Advocates Remuneration Order
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.
Consequently, the application is allowed with costs.
The court is asked to adopt the Certificate of Stated Costs dated 3/12/2024 as a judgment of this court, and to award interest at Kshs.14%.
Section 51(2) of the Advocates Act provides that a certificate of taxation is final unless it is set aside, varied, or vacated.
Orders accordingly.
Issues in the judgment
#The judgment does not state the case number, the name of the respondent, or the amount of the taxed costs; the parties and case details cannot be fully identified from the judgment alone
The interest rate is inconsistently expressed - 'Kshs.14%' in the application description, elsewhere simply 14%
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shikanga t/a Apollo Ambutsi & Co Advocates v Munene (Environment and Land Miscellaneous Application E008 of 2024) [2026] KEELC 1559 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1559/eng@2026-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.