Asige Keverenge & Anyanzwa Advocates v Mbarak & 3 others (Miscellaneous Application E050 of 2025) [2026] KEELC 4925 (KLR)
The bottom line
#A Kenyan court converted an advocate's fee certificate into judgment but refused interest because it was never claimed in the bill of costs before the client paid in full.
What this practically means
#Executive summary
#Key legal issues
#Whether the Certificate of Costs should be converted into judgment and decree
Judgment was entered in terms of the certificate but recorded as fully satisfied; no decree or execution to issue since the debt had been paid
Section 51(2) confers discretion, and the sole practical office of such judgment is to found execution. With the certified sum of Kshs. 770,031.67 paid in full, a decree would arm a paid creditor and expose clients to double payment. The court therefore entered judgment and simultaneously recorded it as fully satisfied, preserving the applicant's entitlement while protecting the clients' discharge.
Whether interest at 16% per annum from 5th November 2025 was payable
Prayer for interest declined
The claim failed at three points: paragraph 7 caps interest at 14% and no basis for 16% was pleaded; interest runs from one month after delivery of the bill, not the date of taxation, and delivery was not shown; and decisively, interest was never claimed in the bill of costs, as required by Otieno, Ragot v Kenindia. Payment in full had also closed the proviso.
Costs of the motion
Applicant awarded costs assessed summarily at Kshs. 30,000
Costs are discretionary under section 27(1) of the Civil Procedure Act and ordinarily follow the event, but the applicant only partly succeeded: he obtained judgment though the debt was paid, and failed on interest through his own omission. To avoid endless taxation over enforcement of a bill of costs, the court assessed costs itself rather than sending them for taxation.
Legal principles established
#- A taxing officer's certificate is final as to the amount of costs covered thereby unless set aside or altered by the court
- Judgment under section 51(2) is discretionary, not entered as of right
- A claim for interest under paragraph 7 of the Advocates (Remuneration) Order must be raised in the bill of costs before payment in full
Court orders
#- 1.Judgment entered for the Applicant against the 1st, 2nd, 3rd and 4th Respondents/Clients jointly and severally in the sum of Kshs. 770,031.67 in terms of the Certificate of Cost dated 13th January 2026
- 2.The judgment is recorded as fully satisfied; no decree shall issue and no execution shall lie in respect of that sum
- 3.Prayer 2 of the Notice of Motion seeking interest at 16% per annum from 5th November 2025 is declined
- 4.The Applicant shall have the costs of the motion, assessed at Kshs. 30,000, payable within thirty (30) days; no further taxation shall be necessary
- 5.The file is closed
- Jurisdiction invoked
- Section 51(2) of the Advocates Act, Cap 16; paragraph 7 of the Advocates (Remuneration) Order; sections 1A, 1B, 1C and 3A of the Civil Procedure Act, Cap 21; Order 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Asige Keverenge & Anyanzwa Advocates v Mbarak & 3 others (Miscellaneous Application E050 of 2025) [2026] KEELC 4925 (KLR)", Case Analysis (2026). ELC Misc. Application No. E050 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4925/eng@2026-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.