SI. Mwaura & Company Advocates v Meditest Diagnostics Services Limited (Miscellaneous Application E352 of 2024) [2025] KEELRC 3704 (KLR)
The bottom line
#A Kenyan court converted an advocate's taxed fee certificate of Kshs.1,416,975 into an enforceable judgment with interest because the client never challenged it.
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 Certificate of Taxation dated 15th July 2025 should be adopted as a judgment and decree of the Court
- 2.Whether judgment should be entered against the Respondent for the taxed sum of Kshs.1,416,975 with interest
Key legal issues
#Whether a Certificate of Taxation may be converted into judgment under section 51(2) of the Advocates Act
Judgment was entered for the taxed sum because the certificate had not been set aside or altered and the retainer was not disputed, the Respondent having filed no response.
The court applied section 51(2) of the Advocates Act, under which a taxing officer's certificate is final as to the amount of costs unless set aside or altered by the Court. No reference or application to vary or set aside the certificate had been filed, there was no stay in place, and the Respondent, though given adequate time and opportunity, filed no response and did not appear. The retainer was not denied.
Legal principles established
#- A certificate of taxation is final as to the amount of costs covered thereby unless set aside or altered by the Court, and where the retainer is not disputed the Court may enter judgment for the certified sum.
Court orders
#- 1.Judgment entered for the Applicant against the Respondent in the sum of Kshs.1,416,975/= being the Applicant's taxed and certified costs
- 2.Interest at Court rates on the decreed sum calculated from the date of taxation until payment in full
- 3.A decree shall issue
- 4.Costs of the application awarded to the Applicant, to be agreed or taxed
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
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 aforesaid sum of taxed and certified costs has not been shown to have either been set aside or altered by this Court, and the retainer is not denied.
Judgment is hereby entered for the Applicant against the Respondent in the sum of Kshs.1,416,975/= being the Applicant’s taxed and certified costs.
The Applicant is awarded interest at Court rates on the decreed sum, to be calculated from the date of taxation until payment in full.
Issues in the judgment
#The judgment does not state the name of the court or the case number on its face; the forum is inferred only from the reference to a 'Claimant' counsel in the proceedings.
The parties are described as Applicant/Respondent, but at one point the Respondent's counsel is referred to as counsel for the 'Claimant', suggesting the underlying suit may be an ELRC claimant matter.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SI. Mwaura & Company Advocates v Meditest Diagnostics Services Limited (Miscellaneous Application E352 of 2024) [2025] KEELRC 3704 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3704/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.