Ali & 24 others v Said & another (Enviromental and Land Originating Summons E92 of 2022) [2026] KEELC 4595 (KLR)
The bottom line
#A Kenyan court turned an unpaid taxed costs bill of Kshs 327,215 into an enforceable judgment with 14% annual interest from the certificate date.
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 adopt the Certificate of Costs dated 10th July 2025 as the judgment and decree of the Court
- 2.if so, at what rate and from what date interest should run on the taxed sum until payment in full
Key legal issues
#Adoption of a certificate of costs as judgment and decree
Where a bill has been taxed, a certificate issued, no reference filed, and the underlying costs order is undisturbed, the certificate shall be adopted as judgment and decree.
The court applied the trilogy of conditions drawn from Order 21 Rule 9 and the case law on enforcement of certificates of taxation. On the record, the bill was taxed on 9th July 2025, the certificate issued and served on 11th July 2025, no reference or setting-aside application was made, and the costs order of 14th December 2023 stood undisturbed. The Respondents' silence meant no live controversy remained; only enforcement was needed.
Rate and commencement date of interest on taxed costs
Interest at the maximum statutory rate of 14% per annum was warranted, running from the date of issue of the certificate of costs.
Section 27(2) of the Civil Procedure Act caps interest on costs at 14% per annum, with the rate within the ceiling discretionary. Given the Respondents' failure to pay and the absence of any explanation for the delay, the maximum rate was proportionate. Commencing interest at the ruling date would reward inertia; the sum crystallised as a liquidated liability when the certificate was issued on 10th July 2025.
Legal principles established
#- Once the trilogy of conditions is satisfied, the certificate of costs is final as to quantum and the Court may adopt it as judgment and decree without a fresh suit.
- The Court may award interest on costs up to the statutory ceiling of 14% per annum under Section 27(2) of the Civil Procedure Act.
Court orders
#- 1.The Certificate of Costs dated 10th July 2025 for Kshs. 327,215.00 adopted as the Judgment and Decree of the Court, with judgment entered in favour of the 1st and 2nd Defendants/Applicants against the Plaintiffs/Respondents in that sum
- 2.The said sum shall attract interest at 14% per annum pursuant to Section 27(2) of the Civil Procedure Act from 10th July 2025 until payment in full
- 3.The 1st and 2nd Defendants/Applicants 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
- Order 51 Rule 1 of the Civil Procedure Rules, 2010 and Sections 1A, 1B and 3A of the Civil Procedure Act, Cap. 21
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 dated 10th July 2025 for the sum of Kshs. 327,215.00 be and is hereby adopted as the Judgment and Decree of this Court
The said sum shall attract interest at the rate of 14% per annum, pursuant to Section 27(2) of the Civil Procedure Act, Cap. 21, from 10th July 2025 (being the date of issue of the Certificate of Costs) until payment in full.
Once the trilogy of conditions is satisfied, the certificate is final as to quantum and the Court is empowered to adopt it as its judgment and decree, without demanding of the successful party the further labour of a fresh suit.
A costs order that cannot be reduced to a decree is a hollow order; a certificate of taxation that cannot be enforced is a paper promise.
Vigilantibus, non dormientibus, jura subveniunt.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ali & 24 others v Said & another (Enviromental and Land Originating Summons E92 of 2022) [2026] KEELC 4595 (KLR)", Case Analysis (2026). ELC No. E92 of 2022 (O.S.). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4595/eng@2026-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.