Francis Njonjo & Johnstone Okello t/a Njonjo Okello & Associates v Maryanne Thande, Benjamin Mumbi Gitau & Charles Joseph Nzau Thande
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicant has satisfied the requirements for entry of judgment on the Certificate of Costs
Key legal issues
#Whether judgment may be entered on the Certificate of Costs under Section 51(2) of the Advocates Act
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.
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.
Legal principles established
#- 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
#- 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.The Applicant is at liberty to pursue execution proceedings of the resultant decree
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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
#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.
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.
The Applicant is at liberty to pursue execution proceedings of the resultant decree.
Issues in the judgment
#Interest at 14% per annum expressly sought but omitted from final orders without reasons.
Costs of the application prayed for but no costs order made in the final orders.
Lubulellah quotation refers to a certificate dated 25th November 2012, evidently part of the quoted extract from that case, not this matter.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.