Musungu t/a Musungu Pekke & Co Advocates v Ng’ang’a (Environment and Land Miscellaneous Application E014 of 2024) [2026] KEELC 3020 (KLR)
The bottom line
#A Kenyan advocate won judgment for Kshs 329,451.60 in legal fees but lost interest because they never demanded it from the client in writing before the bill was settled.
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 application is merited for the court to adopt the Certificate of Taxation and enter judgment in the sum of Kshs 329,451.60/=
- 2.Whether the applicant should be awarded interests on the taxed costs
Key legal issues
#Adoption of the Certificate of Taxation as judgment
Judgment entered for the applicant advocate on the taxed costs of Kshs 329,451.60/= as per the certificate of taxation dated 2nd August 2024.
Section 51(2) of the Advocates Act makes the taxing officer's certificate final as to the amount unless set aside or altered by the court. No reference was filed challenging the certificate and no issue was raised as to retainer. The application was unopposed as the respondent never entered appearance despite service. Citing Lubulellah & Associates Advocates v N. K. Brothers Limited, the court held that no further action is required save entry of judgment.
Entitlement to interest at 14% on taxed costs
The prayer for interest was disallowed because the applicant failed to prove it had raised a claim for interest with the respondent.
Rule 7 of the Advocates Remuneration Order permits interest at 14% per annum only from the expiration of one month from delivery of the bill, provided the claim for interest was raised before the bill was paid or tendered in full. Following Kerongo & Company Advocates and Prof Tom Ojienda & Associates v County Government of Nairobi, the advocate must serve the bill with an explicit demand for interest and await 30 days. There was no evidence of any such demand.
Legal principles established
#- Under section 51(2) of the Advocates Act, an advocate is entitled to entry of judgment on a certificate of taxation where the certificate has not been set aside, retainer is not disputed, and no reference is pending.
- Interest at 14% under Rule 7 of the Advocates Remuneration Order accrues only where the advocate raised the claim for interest before the bill is paid or tendered in full.
Court orders
#- 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.The prayer for interests on the taxed costs is dismissed.
- 3.Costs to 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 (Cap 16)
Relief refused
#Interest at 14% per annum on the taxed costs from 2/9/2024
No evidence that the applicant served the respondent with a document making a claim for interest as required by Rule 7 of the Advocates Remuneration Order
Costs
Costs to Applicant
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 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/=.
the certificate of the taxing oficer by whom any bill has been taxed shall unless it is set aside or altered by the court, be final as to the amount of the costs recovered thereby; and the court may make such orders in relation thereto as it thinks fit
once a judgment is entered on a certificate of costs, the decretal amount is liable to attract interest of 14% per annum from 30 days after the service of the bill and not the date of taxation
Issues in the judgment
#Date anomaly: application dated 17th June 2025 but judgment states delivery 'ON THIS 14TH DAY OF MAY 2026', which appears inconsistent with the 2025 filing timeline
Counsel's submissions cite 'order 51(2) of the Advocates Act' whereas the judgment cites Section 51(2) of the Advocates Act
The judgment does not expressly name the court or give the case number
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Musungu t/a Musungu Pekke & Co Advocates v Ng’ang’a (Environment and Land Miscellaneous Application E014 of 2024) [2026] KEELC 3020 (KLR)", Case Analysis (2026). Not stated in the judgment (notice of motion dated 17th June 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3020/eng@2026-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.