Wesonga, Mutembei & Kigen Advocates v County Government of Embu
The bottom line
#A Kenyan court converted a law firm's taxed legal fees of over Ksh. 1.1 million into an enforceable judgment against Embu County, plus 14% annual interest.
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 16th July 2026 for Ksh. 1,165,740.84 should be adopted as a judgment of the court
- 2.Whether the Applicant is entitled to interest at 14% per annum under rule 7 of the Advocates (Remuneration) Order
Key legal issues
#Adoption of Certificate of Taxation as judgment
The unaltered Certificate of Taxation represents the final figure due and judgment was entered for Ksh. 1,165,740.84
Section 51(2) of the Advocates Act provides that the certificate of the taxing officer is final as to the amount of costs unless set aside or altered by the court. The Taxing Master taxed the Bill of Costs at Ksh. 1,165,740.84 and issued a Certificate of Taxation dated 16th July 2026. There was no evidence the certificate had been set aside or altered, so it represented the final sum due. The application was undefended, the Respondent having neither entered appearance nor filed a response despite service.
Entitlement to interest at 14% per annum
Interest at 14% per annum was awarded under rule 7 of the Advocates (Remuneration) Order, running from 3rd April 2026
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 for interest is raised before the bill is paid or tendered in full. The bill was served on 3rd March 2026 and the claim for interest was raised before payment, so the plea for interest 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 may be adopted as judgment under section 51(2) of the Advocates Act
- Rule 7 of the Advocates (Remuneration) Order entitles an advocate to interest at 14% per annum on taxed costs from the expiration of one month from delivery of the bill, where 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. 1,165,740.84 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
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 - power to enter judgment on a Certificate of Taxation
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.
Enters judgment for the Applicant against the Respondent for the sum of Ksh. 1,165,740.84 in terms of the Certicate of Taxation dated 16th July 2026.
Awards the Applicant interest on the aforesaid sum at the rate of 14% per annum with eect from 3rd April 2026 till payment in full.
The certicate of the taxing ocer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be nal as to the amount of the costs covered thereby
Issues in the judgment
#Interest commencement date differs from that sought without explanation
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). Miscellaneous Application E453 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2551/eng@2026-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.