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ELCPartially AllowedNot stated in judgment (notice of motion dated 17th June 2025)

Musungu t/a Musungu Pekke & Company Advocates v Ng’ang’a (Environment and Land Miscellaneous Application E013 of 2024) [2026] KEELC 2999 (KLR)

Environment and Land Court
14 May 2026
1,376 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court converted a lawyer's taxed fees certificate into a money judgment of Kshs 329,451.60, but refused interest because the lawyer never demanded it upfront.

What this practically means

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Executive summary

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The applicant advocate filed an unopposed notice of motion dated 17th June 2025 seeking to have a certificate of taxation dated 2nd August 2024 adopted as a judgment of the court for Kshs 329,451.60/=, together with interest at 14% per annum from one month after taxation, and costs of the application. The respondent, though served, never entered appearance, leaving the application uncontroverted. The court framed two issues: whether the certificate of taxation should be adopted and judgment entered, and whether interest on the taxed costs was payable. Relying on section 51(2) of the Advocates Act and the Lubulellah decision, the court held that entry of judgment is proper where the certificate has not been set aside, retainer is undisputed and no reference is pending. All three conditions were satisfied, and judgment was entered for the full certified sum. On interest, the court applied Rule 7 of the Advocates Remuneration Order and authorities holding that 14% interest accrues only where the advocate proves the claim for interest was raised before the bill was paid or tendered in full. Finding no evidence of service of a document claiming interest, the court disallowed the interest prayer. Final orders adopted the certificate of taxation as an order of the court, entered judgment for Kshs 329,451.60/=, dismissed the interest prayer, and awarded costs of the application to the applicant.

Questions the Court framed

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

  1. 1.Whether the application is merited for the court to adopt the Certificate of Taxation and enter judgment in the sum of Kshs 329,451.60/=
  2. 2.Whether the applicant should be awarded interests on the taxed costs

Key legal issues

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01

Adoption of certificate of taxation as judgment

Holding

Judgment entered for the advocate on the taxed costs of Kshs 329,451.60/= as no reference was filed and retainer was undisputed

Reasoning

Section 51(2) of the Advocates Act makes the certificate of the taxing officer final as to the amount of costs unless set aside or altered. Entry of judgment is proper where the certificate has not been set aside, retainer is not disputed and no reference is pending. Here, none of these obstacles existed, and following Lubulellah & Associates Advocates v N.K. Brothers Limited the court entered judgment for the certified sum.

p. 2
02

Interest on taxed costs under Rule 7

Holding

Prayer for interest disallowed because the applicant failed to prove it had raised a claim for interest before the bill was paid or tendered in full

Reasoning

Rule 7 of the Advocates Remuneration Order permits 14% interest only where the claim for interest was raised before the bill amount was paid or tendered in full, accruing one month after delivery of the bill. Precedents require proof of service of the bill containing a demand for interest. The record showed no such service or demand, so interest could not be awarded.

p. 3

Legal principles established

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  • A certificate of taxation not set aside or altered and with no pending reference is final as to the amount of costs, and the court may enter judgment for the certified sum without a fresh suit.
  • An advocate is only entitled to 14% interest under Rule 7 of the Advocates Remuneration Order if the claim for interest was raised before the bill was paid or tendered in full; otherwise the prayer is disallowed.

Court orders

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  1. 1.The Certificate of Taxation dated 2nd August 2024 is adopted as an order of the court and judgment is entered in favour of the Applicant for Kshs 329,451.60/=.
  2. 2.The prayer for interests on the taxed costs is dismissed.
  3. 3.Costs to Applicant.

The bench

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

Wrote the judgment

Jurisdiction invoked
Section 51(2) of the Advocates Act; Order 51(2) of the Advocates Act referenced by counsel

Relief refused

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Interest at 14% per annum on the taxed costs from 2/9/2024

No evidence that the applicant served the respondent with any document making a claim for interest as required by Rule 7 of the Advocates Remuneration Order

p. 3

Costs

Costs to Applicant.

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.

Accordingly, I hereby enter judgment for the applicant advocate on the taxed costs of Kshs 329,451.60/= as per the certificate of taxation dated 2nd August 2024.
p. 2adoption of certificate of taxation
The prayer for interests on the taxed costs is dismissed.
p. 3final orders - interest refused
The Certificate of Taxation dated 2nd August 2024 is adopted as an order of the court and judgment is entered in favour of the Applicant for Kshs 329,451.60/=.
p. 3final orders - judgment on taxed costs

Issues in the judgment

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minor

The judgment is dated 14th May 2026 but the application is dated 17th June 2025; counsel also cited 'order 51(2) of the advocates Act' which appears to refer to section 51(2) of the Advocates Act

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, "Musungu t/a Musungu Pekke & Company Advocates v Ng’ang’a (Environment and Land Miscellaneous Application E013 of 2024) [2026] KEELC 2999 (KLR)", Case Analysis (2026). Not stated in judgment (notice of motion dated 17th June 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2999/eng@2026-05-14

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