Ojode & Odoto Advocates v County Government of Taita Taveta (Environment and Land Miscellaneous Application E018 of 2024) [2026] KEELC 4369 (KLR)
The bottom line
#A Mombasa court confirmed advocates can turn taxed fees into a judgment debt, but only if interest was claimed in the bill itself.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether this court should enter judgment on the taxed advocate–client costs and, if so, on what terms as to interest
Key legal issues
#Whether judgment may be entered on the certificate of taxation under Section 51(2) of the Advocates Act
Judgment entered for Kshs 522,448 as the trilogy of conditions was fully met: bill taxed, certificate unchallenged, no reference pending and no dispute on retainer
The bill was taxed on 14 August 2024 at Kshs 522,448.00 with a certificate issued on 24 September 2024 and served on 27 September 2024. No reference was filed, the certificate was not set aside or altered, and retainer was not disputed. The statutory mechanism under Section 51(2) obviates the need for a fresh suit and the court's role is to adopt the certificate as judgment.
Whether the applicant is entitled to interest at 14% per annum under Rule 7 of the Advocates (Remuneration) Order
The 14% statutory interest was refused because the claim was not raised in the bill; interest was instead awarded at court rates from 13 June 2024 (30 days after service of the bill)
Rule 7 permits 14% interest only where the claim for interest is raised before payment or tender in full, and the jurisprudence distinguishes statutory interest from court-rate interest. The bill dated 18 April 2024 was silent on interest and the taxing master's ruling did not award interest. The claim appeared for the first time in the motion. The court, however, exercised discretion to award court-rate interest from one month after service of the bill.
Costs of the application
Costs awarded to the applicant, costs following the event under Section 27 of the Civil Procedure Act
Section 27 of the Civil Procedure Act embodies the principle that costs follow the event. The application was unopposed and the applicant succeeded; no exceptional circumstances justified departing from the general rule.
Legal principles established
#- Judgment on a certificate of taxation under Section 51(2) requires the trilogy of conditions: taxation and issuance of certificate, no setting aside or pending reference, and no dispute as to retainer.
- The 14% interest under Rule 7 of the Advocates (Remuneration) Order is only available where the claim for interest is raised in the bill; otherwise the court may award interest at court rates in its discretion.
Court orders
#- 1.Judgment is entered in favour of the applicant against the respondent for Kshs 522,448 in accordance with the Certificate of Taxation dated 24 September 2024
- 2.Interest on the taxed costs shall be at court rates from 13 June 2024 until payment in full
- 3.The applicant shall have the costs of this application
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; Order 51 Rule 1 of the Civil Procedure Rules
Relief refused
#Interest at 14% per annum from 13 November 2023 under Rule 7 of the Advocates (Remuneration) Order
The bill of costs was silent on any claim for 14% interest, which is a precondition to the statutory entitlement; interest was instead awarded at court rates from 13 June 2024
Costs
The applicant shall have the costs of this application.
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.
Judgment is entered in favour of the applicant against the respondent for Kshs 522,448 in accordance with the Certificate of Taxation dated 24 September 2024.
Interest on the taxed costs shall be at court rates from 13 June 2024 until payment in full.
The certificate of the taxing officer 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 covered thereby
Once this trilogy of conditions is satisfied, the certificate is final as to quantum and the court is empowered to enter judgment for the sum certified
The applicant, however, remains entitled to interest at court rates on the taxed sum once judgment is entered under Section 51(2).
Issues in the judgment
#The court refers to a 'ruling' of the taxing master and to a 'judgment' on a motion, and the closing passage states 'Ruling dated, signed at Mombasa' although the document is styled JUDGMENT
The bill of costs is described both as dated 18 April 2024 and as the advocate-client bill in a matter numbered 2024, while the taxing officer taxed it on 14 August 2024; also the motion is dated 12 March 2026 in a 2024 file - internal chronology is internally consistent but the year gap between service of certificate (27 September 2024) and motion (12 March 2026) is unexplained
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ojode & Odoto Advocates v County Government of Taita Taveta (Environment and Land Miscellaneous Application E018 of 2024) [2026] KEELC 4369 (KLR)", Case Analysis (2026). ELCL MISC E018 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4369/eng@2026-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.