John Muthomi T/A John Muthomi & Co Advocate v Florence Karambu Mwarania
The bottom line
#A Kenyan court allowed a client to pay her lawyer's taxed fees in five monthly instalments and denied the lawyer costs for starting execution too early.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the client should be allowed to liquidate the taxed costs in monthly instalments
- 2.What amount and number of instalments would be reasonable in the circumstances
Key legal issues
#Whether the client should pay the taxed costs in instalments
Yes - five equal monthly instalments of the Kshs 93,100 balance, first due 15th October 2026
The court considered the affidavits and submissions, noting the client's claim of insufficient disposable income and her compliance in paying 500% of taxed costs plus court fees. It found five equal monthly instalments reasonable, rejecting the advocate's offer of only three instalments.
Costs of the instalment application
Advocate denied costs of the application
Because execution had been initiated before the taxation officer's award was adopted as a judgment of the court, the court declined to award the advocate costs of the application.
Legal principles established
#- A court may allow a client to liquidate taxed advocate-client costs in reasonable monthly instalments where the client lacks sufficient disposable income to pay at once
- Execution initiated before the taxation officer's award is adopted as a judgment of the court may disentitle the advocate to costs of a subsequent application
Court orders
#- 1.The client, Florence Karambu Mwarania, is allowed to liquidate the outstanding balance of the advocate's costs [Kshs 93,100] in five equal monthly instalments
- 2.The 1st instalment shall be paid on or before 15th October 2026
- 3.All subsequent instalments shall be paid on or before the 15th of every succeeding month
- 4.The advocate will not be awarded costs of the application
- 5.The file is marked 'case closed'
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Advocate-client costs taxation; adoption of taxed costs as judgment of the court and instalment payment under the Advocates Act regime
Relief refused
#Client's request for instalments of Kshs 10,000 (or up to Kshs 15,000 as submitted orally) over an open period
Court fixed five equal monthly instalments of the Kshs 93,100 balance instead, treating that as reasonable
Advocate's costs of the application
Execution was initiated before the taxation officer's award was adopted as a judgment of the court
Costs
No costs of the application awarded to the advocate; each party effectively to bear their own costs of the 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.
the court comes to the conclusion that a settlement of the awarded costs in five equal monthly instalments would be reasonable in the circumstances of the present application
the client, Florence Karambu Mwarania, is allowed to liquidate the outstanding balance of the advocate's costs [Kshs 93,100] in five equal monthly instalments
Noting that execution in this cause was initiated before the award of the taxation officer was adopted as a judgment of the court, the advocate will not be awarded costs of the application
Issues in the judgment
#Client stated she paid Kshs 93,100 (500% of taxed costs) yet court orders payment of outstanding balance of Kshs 93,100
Party description misspells 'CLEINT'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Muthomi T/A John Muthomi & Co Advocate v Florence Karambu Mwarania", Case Analysis (2026). ELCL MISC. CASE NO. E040 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5909/eng@2026-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.