Wesonga, Mutembei & Kigen Advocates v County Government of Embu
The bottom line
#A Kenyan court converted a law firm's taxed legal fees of Ksh. 1.67 million into an enforceable judgment against Embu County, plus 14% annual interest.
What this practically means
#Executive summary
#Key legal issues
#Adoption of Certificate of Taxation as judgment
The Certificate of Taxation, not having been set aside or altered, represents the final figure due and judgment was entered for the taxed sum
Section 51(2) of the Advocates Act empowers the court to enter judgment for the amount certified by the Taxing Master where the retainer is not disputed and the certificate has not been set aside or altered. The Taxing Master taxed the Bill of Costs at Ksh. 1,672,656.90 and issued a Certificate of Taxation; no evidence showed the certificate was disturbed, so it was final and enforceable.
Interest on taxed costs under rule 7
The Applicant was entitled to interest at 14% per annum on the taxed costs from the expiration of one month from delivery of the bill
Rule 7 of the Advocates (Remuneration) Order permits an advocate to charge interest at 14% per annum on disbursements and costs from the expiration of one month from delivery of the bill, provided the claim is raised before payment or tender in full. The bill was served on 3rd March 2026 and the claim for interest was raised before payment, so the plea was well founded.
Legal principles established
#- A Certificate of Taxation not set aside or altered by the Court is final as to the amount of costs and judgment may be entered for the sum certified
- An advocate may charge interest at 14% per annum on costs from the expiration of one month from delivery of the bill, provided the claim for interest is raised before payment or tender in full
Court orders
#- 1.Judgment entered for the Applicant against the Respondent for Ksh. 1,672,656.90 in terms of the Certificate of Taxation dated 16th July 2026
- 2.Interest on the aforesaid sum at 14% per annum with effect from 3rd April 2026 till payment in full
- 3.Costs of the application assessed at Ksh. 7,000.00 awarded to the Applicant
- Jurisdiction invoked
- Section 51(2) of the Advocates Act; rule 7 of the Advocates (Remuneration) Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wesonga, Mutembei & Kigen Advocates v County Government of Embu", Case Analysis (2026). ELRC Miscellaneous Application No. E 454 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2491/eng@2026-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.