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ELRCAllowedMiscellaneous Application E453 of 2025

Wesonga, Mutembei & Kigen Advocates v County Government of Embu

Employment and Labour Relations Court
23 September 2026
1,031 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Applicant law firm moved the Employment and Labour Relations Court at Nairobi by application dated 20th July 2026 seeking adoption of a Certificate of Taxation dated 16th July 2026 as judgment, entry of judgment for Ksh. 1,165,740.84, and interest at 14% per annum under rule 7 of the Advocates (Remuneration) Order. The taxation arose from an advocate-client Bill of Costs dated 18th September 2025 for services rendered to the Respondent, County Government of Embu, in Court of Appeal Civil Application No. E091 of 2022. The Taxing Master's ruling was delivered on 29th June 2026 and the bill was taxed at Ksh. 1,165,740.84. The bill had been served on the Respondent on 3rd March 2026, but the Respondent neither entered appearance nor filed a response to the application, which was therefore deemed undefended; service was proved by an affidavit of service dated 24th August 2026. Relying on section 51(2) of the Advocates Act, Manani J held that a certificate of taxation not set aside or altered by the court is final as to the amount of costs and empowers the court to enter judgment for the certified sum. Finding no evidence that the certificate had been set aside or altered, the court held it represented the final figure due. The court further held that rule 7 entitled the Applicant to interest at 14% per annum, the claim having been raised before payment. The application was allowed: judgment was entered for Ksh. 1,165,740.84, interest was awarded at 14% per annum from 3rd April 2026 until payment in full, and costs of the application were assessed at Ksh. 7,000.00. The ruling was delivered online with the parties' consent, waiving Rule 28(3) of the ELRC Procedure Rules.

Questions the Court framed

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

  1. 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. 2.Whether the Applicant is entitled to interest at 14% per annum under rule 7 of the Advocates (Remuneration) Order

Key legal issues

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01

Adoption of Certificate of Taxation as judgment

Holding

The unaltered Certificate of Taxation represents the final figure due and judgment was entered for Ksh. 1,165,740.84

Reasoning

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.

p. 2
02

Entitlement to interest at 14% per annum

Holding

Interest at 14% per annum was awarded under rule 7 of the Advocates (Remuneration) Order, running from 3rd April 2026

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 2.Interest on the aforesaid sum at 14% per annum with effect from 3rd April 2026 till payment in full
  3. 3.Costs of the application assessed at Ksh. 7,000.00 awarded to the Applicant

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 - power to enter judgment on a Certificate of Taxation

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.

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.
p. 3Final orders - adoption of certificate of taxation as judgment
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.
p. 3Final orders - interest under rule 7
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
Section 51(2) Advocates Act - finality of certificate of taxation

Issues in the judgment

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minor

Interest commencement date differs from that sought without explanation

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, "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.