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ELCAllowedELC No. E92 of 2022 (O.S.)

Ali & 24 others v Said & another (Enviromental and Land Originating Summons E92 of 2022) [2026] KEELC 4595 (KLR)

Environment and Land Court
16 July 2026
1,772 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This was an unopposed Notice of Motion dated 31st March 2026 by the Defendants/Applicants, Ahmed Ali Said and Salwa Ali Said, seeking adoption of a Certificate of Costs dated 10th July 2025 (Kshs. 327,215.00) as the judgment and decree of the Environment and Land Court at Mombasa, plus interest at 14% per annum. The underlying suit had been struck out with costs to the Applicants on 14th December 2023; a Party and Party Bill of Costs was taxed by the Deputy Registrar on 9th July 2025 and a certificate issued on 10th July 2025 and served on 11th July 2025. The Plaintiffs/Respondents filed no reference, no application to set aside the taxation, and no response to the Motion. Framing two issues — adoption of the certificate and the rate and commencement date of interest — the Court applied Order 21 Rule 9 of the Civil Procedure Rules and Sections 27(1) and 27(2) of the Civil Procedure Act, restating the trilogy of conditions for entry of judgment on a taxed bill (taxation and certificate; no reference or alteration pending; no dispute over the underlying costs order) and drawing on Supreme Court and High Court authority on the finality of certificates of taxation. Holding the trilogy satisfied, Lady Justice Akello adopted the certificate as judgment and decree, awarded interest at the maximum statutory rate of 14% per annum from the date of issue of the certificate (10th July 2025) until payment in full, and awarded the Applicants the costs of the application. Judgment delivered at Mombasa on 16th July 2026.

Questions the Court framed

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

  1. 1.whether this Court should adopt the Certificate of Costs dated 10th July 2025 as the judgment and decree of the Court
  2. 2.if so, at what rate and from what date interest should run on the taxed sum until payment in full

Key legal issues

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01

Adoption of a certificate of costs as judgment and decree

Holding

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.

Reasoning

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.

p. 6
02

Rate and commencement date of interest on taxed costs

Holding

Interest at the maximum statutory rate of 14% per annum was warranted, running from the date of issue of the certificate of costs.

Reasoning

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.

p. 8

Legal principles established

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  • 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

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  1. 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. 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. 3.The 1st and 2nd Defendants/Applicants shall have the costs of this application

The bench

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

majority

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

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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.

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
p. 8Final orders - adoption of certificate of costs
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.
p. 9Final orders - interest on taxed costs
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.
p. 4Finality of certificate of taxation
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.
p. 6Purpose of Order 21 Rule 9
Vigilantibus, non dormientibus, jura subveniunt.
p. 7Delay and neglect of the litigant

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, "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.