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ELCPartially AllowedELCL MISC APPL E017/2025· [2026] KEELC 3780 (KLR)

Bruce Odeny & Company Advocates v Alila & another (Environment and Land Miscellaneous Application E017 of 2025) [2026] KEELC 3780 (KLR)

Environment and Land Court
18 June 2026
EAE. Asati
424 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 confirmed that unpaid legal fees become enforceable court judgment once a certificate of taxation stands unchallenged, with interest accruing until full payment.

What this practically means

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Executive summary

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This ruling by E. Asati, Judge of the Environment and Land Court at Kisumu, determines a Notice of Motion dated 6th October 2025 brought under Section 51(2) of the Advocates Act by an Advocate seeking conversion of a certificate of taxation into a decree and judgment, together with interest from the date of taxation at court rates until payment in full, and costs of the application. The certificate of taxation, dated 18th September 2025 and issued on 29th September 2025, certified the Advocate's costs at Kshs.185,175.40 against the 1st and 2nd Respondents, out of an Advocate-Client Bill of Costs dated 18th February 2025 claiming Kshs.247,164.60. The Respondents, though served, did not attend the taxation. They opposed the application on the ground that they had already paid the entire fees, totalling Kshs.108,000/-, to the Advocate. The court held that such issues ought to have been raised and dealt with in the taxation itself and that no reference challenging the taxation had been filed. Quoting Section 51(2), the court noted that a taxing officer's certificate, unless set aside or altered by the court, is final as to the amount of the costs covered thereby. As the certificate remained unreviewed, the application was allowed: judgment was entered in favour of the Advocate in terms of the certificate of taxation, with interest at court rates from the date of the certificate until payment in full. Each party was ordered to bear their own costs of the application.

Key legal issues

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01

Whether judgment may be entered on the certificate of taxation under Section 51(2) of the Advocates Act

Holding

Judgment was entered in terms of the certificate of taxation, which certified costs at Kshs.185,175.40 against the 1st and 2nd Respondents, with interest at court rates from the date of the certificate.

Reasoning

The Advocate-Client Bill of Costs dated 18th February 2025 for Kshs.247,164.60 was taxed at Kshs.185,175.40 and a certificate of taxation issued. The Respondents were served but did not attend the taxation. The certificate remains unreviewed and unchallenged by any reference, so under Section 51(2) it is final as to the amount of costs and the court may enter judgment. The Respondents' assertion of payment was a matter for the taxation process.

p. 3
02

Whether the Respondents' defence of full payment could defeat the application

Holding

The claim that the Respondents paid Kshs.108,000/- to the Advocate was an issue that ought to have been raised and dealt with in the taxation, not in the conversion application.

Reasoning

The Respondents opposed the application on the ground that they had paid the entire amount of fees, totalling Kshs.108,000/-, to the Advocate. The court held that such issues belong in the taxation proceedings and, absent a reference challenging the taxation, the unreviewed certificate stands and supports entry of judgment under Section 51(2).

p. 2

Legal principles established

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  • A certificate of taxation that is not set aside or altered by the court is final as to the amount of costs covered by it and judgment may be entered on it where the retainer is not disputed
  • Objections to a taxation must be raised by way of a reference; they cannot be raised for the first time in an application to convert the certificate into a decree

Court orders

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  1. 1.Judgment entered in favour of the Advocate/Applicant in terms of the certificate of taxation
  2. 2.The taxed costs to attract interest at court rates from the date of the certificate of taxation until payment in full
  3. 3.Each party to bear their own costs of the application
Jurisdiction invoked
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, "Bruce Odeny & Company Advocates v Alila & another (Environment and Land Miscellaneous Application E017 of 2025) [2026] KEELC 3780 (KLR)", Case Analysis (2026). ELCL MISC APPL E017/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3780/eng@2026-06-18

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