P. D. Onyango & Co. Advocates v Ogutu (Environment and Land Miscellaneous Application E016 of 2023) [2026] KEELC 2735 (KLR)
The bottom line
#A Kenyan High Court converted an advocate's unpaid fee certificate into a court judgment, adding 14% yearly interest — clients who ignore taxed costs risk enforced payment.
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 dated 15th February 2024 should be converted into a judgment and decree of the court
- 2.Whether interest at 14% per annum is payable on the taxed costs and from what date
- 3.Whether the application is defeated by an alleged dispute as to retainer or procedural defects
Key legal issues
#Conversion of a certificate of taxation into judgment under section 51(2) of the Advocates Act
The certificate of costs, unchallenged after dismissal of the reference, was converted into judgment for Kshs. 347,550/-
The court noted the bill was taxed and certified on 15th February 2024, the reference challenging taxation was dismissed on 8th May 2025, and no step has been taken by the Respondent to settle or further challenge the certificate. Section 51(2) empowers the court to enter judgment on the certified sum where the retainer is not disputed. The Respondent's opposition did not challenge the taxation itself, so the application had merit.
Interest at 14% per annum under Rule 7 of the Advocates Remuneration Order and section 26 of the Civil Procedure Act
Interest at 14% per annum was awarded from the date of the certificate of costs until payment in full
Rule 7 permits an advocate to charge interest at 14% per annum from one month after delivery of the bill, provided the claim for interest is raised before payment or tender in full. Because the bill was not settled and went through taxation and certification, and the date the bill was forwarded to the Respondent was not disclosed, the court exercised its discretion to run interest at 14% from the date of the certificate of costs.
Legal principles established
#- A certificate of costs that has not been set aside or altered is final and may be converted into judgment where the retainer is not effectively disputed
- Interest under Rule 7 of the Advocates Remuneration Order runs at 14% per annum where the bill was not settled and the date of delivery of the bill is not disclosed, computed from the date of the certificate of costs
Court orders
#- 1.The certificate of costs issued on 15th February 2024 is converted into a judgment and decree, and judgment entered for the Applicant against the Respondent for Kshs. 347,550/-
- 2.Interest accrues on Kshs. 347,550/- at 14% per annum with effect from 15th February 2024 until payment in full and final settlement
- 3.Costs of the application awarded to the Applicant/Advocate
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, Cap 16; Rule 7 of the Advocates Remuneration Order; Section 26 of the Civil Procedure Act; Order 50 Rule 1 of the Civil Procedure Rules
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 certificate of costs issued to the Applicant on 15th February, 2024, as against the Respondent, is hereby converted into a judgment and decree of this court
Interest accrues on the sum of Kshs. 347,550/- at the rate of 14% per annum with efiect from 15th February 2024, until payment in full and final settlement.
An Advocate may charge interest at 14 per cent per annum on his disbursement and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client
Since the Reference was dismissed on 8th May, 2025, no step has been taken by the Respondent in respect of the certificate of costs either to settle it or challenge it in any other way.
Issues in the judgment
#The case title/case number of the suit is not stated in the judgment text supplied; the document begins directly with the notice of motion
The judgment recites that the bill of costs was taxed on 5th September 2024 while the certificate of costs is dated 15th February 2024, i.e. the certificate predates the stated taxation date
Chronology inconsistency: grounds of opposition dated 5th March 2026 post-date the Supporting Affidavit of 12th September 2025 and the certificate of costs of 15th February 2024, while the ruling was delivered 7th May 2026; dates appear internally inconsistent with the reference dismissal on 8th May 2025
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "P. D. Onyango & Co. Advocates v Ogutu (Environment and Land Miscellaneous Application E016 of 2023) [2026] KEELC 2735 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2735/eng@2026-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.