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ELCPartially AllowedCLC MISC SUIT NO. E275 OF 2025

Francis Njonjo & Johnstone Okello t/a Njonjo Okello & Associates v Maryanne Thande, Benjamin Mumbi Gitau & Charles Joseph Nzau Thande

Environment and Land Court of Kenya
30 September 2026
1,195 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that advocates can convert an unchallenged taxed costs certificate directly into a court judgment without filing a fresh suit.

What this practically means

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Executive summary

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The applicant advocate firm, Njonjo Okello & Associates, applied by notice of motion dated 17 March 2026 under Section 51(2) of the Advocates Act for judgment to be entered on a Certificate of Costs issued following taxation of its Advocate-Client Bill of Costs on 26 November 2025, in the sum of Kshs. 664,794/-, together with interest at 14% per annum from 1 September 2025, arising from a non-contentious conveyancing matter concerning L.R. No. 4871/236. The three respondents did not file any reference under Rule 11 of the Advocates (Remuneration) Order, nor any application to set aside or alter the certificate, and the retainer was not disputed. Affidavit evidence showed the taxed costs remained wholly unpaid. C.K. Nzili J framed the sole issue as whether the applicant had satisfied the requirements for entry of judgment on the certificate. Relying on Section 51(2), Rule 7 of the Remuneration Order, and the decisions in Ahmednasir, Lubulellah, Kithi and AI Onyango, the court held that an unimpeached certificate with an undisputed retainer entitles the advocate to judgment. Judgment was entered for Kshs. 664,794/- with liberty to execute. The judgment is silent on the interest and costs of the application, despite both being expressly sought.

Questions the Court framed

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

  1. 1.Whether the Applicant has satisfied the requirements for entry of judgment on the Certificate of Costs

Key legal issues

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01

Whether judgment may be entered on the Certificate of Costs under Section 51(2) of the Advocates Act

Holding

Yes. The certificate was regularly issued, unimpeached, the retainer undisputed, no Rule 11 reference filed and no application to set it aside, so judgment was entered for the certified sum.

Reasoning

The court applied Section 51(2) of the Advocates Act, which makes the taxing officer's certificate final as to the amount certified unless set aside or altered by the Court, and permits entry of judgment where the retainer is not disputed. The supporting affidavit showed the certificate remained unchallenged and the taxed sum unpaid. Following Ahmednasir, Lubulellah, Kithi and AI Onyango, the court found all three elements satisfied and entered judgment for Kshs. 664,794/- with liberty to execute.

p. 5

Legal principles established

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  • A Certificate of Costs is final as to the amount of costs certified unless set aside or altered by the Court; where the retainer is not disputed, the Court may enter judgment for the sum certified.
  • No separate suit is needed to recover taxed costs; judgment may be entered directly on the certificate.

Court orders

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  1. 1.Judgment entered in favour of the applicant advocate on the taxed costs of Kshs. 664,794/- as per the certificate of taxation dated 26th November 2025
  2. 2.The Applicant is at liberty to pursue execution proceedings of the resultant decree

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Section 51(2) of the Advocates Act (application for adoption of a Certificate of Costs as judgment of the court)

Relief refused

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Interest at 14% per annum from the date of filing of the bill on 1.9.2025 till payment in full

The judgment only adopted the certified sum; the final orders make no provision for interest despite it being sought.

Costs of the application

Prayed for in the application but no express costs order appears in the final orders.

Costs

No express costs order made in the final orders, although the application had prayed that 'the costs of this application be provided for'.

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.

Where the retainer is not in dispute, and the Certificate of Costs remains valid and unaltered, the Court is empowered to enter judgment for the amount certified as due.
p. 4Section 51(2) Advocates Act - effect of unchallenged certificate
Accordingly, judgment is hereby entered in favour of the applicant advocate on the taxed costs of Kenya Shillings Six Hundred and Sixty-Four Thousand Seven Hundred and Ninety-Four Only (Kshs. 664,794/-) as per the certificate of taxation dated 26th November 2025.
p. 7Final orders - judgment entered
The Applicant is at liberty to pursue execution proceedings of the resultant decree.
p. 8Final orders - liberty to execute

Issues in the judgment

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material

Interest at 14% per annum expressly sought but omitted from final orders without reasons.

minor

Costs of the application prayed for but no costs order made in the final orders.

minor

Lubulellah quotation refers to a certificate dated 25th November 2012, evidently part of the quoted extract from that case, not this matter.

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, "Francis Njonjo & Johnstone Okello t/a Njonjo Okello & Associates v Maryanne Thande, Benjamin Mumbi Gitau & Charles Joseph Nzau Thande", Case Analysis (2026). CLC MISC SUIT NO. E275 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5997/eng@2026-09-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.