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ELRCAllowedMisc. Cause No. E350 of 2024

SI. Mwaura & Co. Advocates v Meditest Diagnostics Services Ltd

Employment and Labour Relations Court of Kenya
25 September 2026
934 words in judgment
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The bottom line

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A Kenyan court confirmed that advocates can convert an unchallenged certificate of taxation into an enforceable judgment, with interest, against clients who refuse to pay.

What this practically means

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Executive summary

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This is an unopposed advocate-client costs application before the Employment and Labour Relations Court at Nairobi. The applicant advocate, SI. Mwaura & Co. Advocates, moved by Notice of Motion dated 20th February, 2026 seeking adoption of a Certificate of Taxation dated 14th July, 2025 as a judgment and decree, entry of judgment against the respondent client, Meditest Diagnostics Services Ltd, in the sum of Kshs.136,050/= with interest at Court rates from the date of taxation, and costs. The supporting affidavit deponed that the bill was taxed at Kshs.136,050/= pursuant to a ruling dated 7th June, 2025, the certificate was served, but the respondent refused to settle; no reference or application to vary or set aside the certificate was filed. The respondent, though served, filed no response. Relying on Section 51(2) of the Advocates Act and the Lesinko Njoroge decision, the court held that judgment on taxed costs must follow where the certificate stands unchallenged and retainer is undisputed. On interest, the court invoked Section 27(2) of the Civil Procedure Act and Rule 7 of the Advocates (Remuneration) Order, both permitting interest on costs at up to 14% per annum. The application was allowed in full: judgment was entered for Kshs.136,050/= with interest at Court rates from the date of certification until payment in full, a decree was directed to issue, and costs of the application were awarded to the advocate, to be agreed or taxed.

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 14th July, 2025 should be adopted as a judgment and decree of the Court
  2. 2.Whether judgment should be entered against the Respondent in the sum of Kshs.136,050/= with interest

Key legal issues

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01

Entry of judgment on a certificate of taxation in an unopposed application

Holding

The prayer for entry of judgment in terms of the taxed and certified costs succeeded; no reference or application to set aside the certificate had been filed.

Reasoning

Section 51(2) of the Advocates Act makes a taxing officer's certificate final unless set aside or altered. The court adopted the Lesinko Njoroge test: costs taxed and certified, certificate not set aside, stayed or appealed, and no dispute on retainer. All three conditions were met and the application was unopposed despite service.

p. 3
02

Interest on taxed advocate-client costs

Holding

Interest at Court rates was awarded from the date of certification of the taxed costs until payment in full, pursuant to Section 27(2) of the Civil Procedure Act and Rule 7 of the Advocates (Remuneration) Order.

Reasoning

The court noted the sum sought comprised taxed costs and invoked the statutory power to award interest on costs at up to 14% per annum, echoed by Rule 7 of the Advocates (Remuneration) Order allowing 14% per annum on disbursements and costs.

p. 6

Legal principles established

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  • A certificate of taxation is final as to the amount of costs unless set aside or altered by the Court, and judgment may be entered for the certified sum where retainer is not disputed.
  • Interest on advocate-client costs may be awarded at up to 14% per annum under Section 27(2) of the Civil Procedure Act and Rule 7 of the Advocates (Remuneration) Order.

Court orders

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  1. 1.Judgment entered for the Advocate against the Client/Respondent in the taxed and certified sum of Kshs.136,050/=
  2. 2.The said sum shall attract interest at Court rates, computed from the date of certification of the taxed costs until payment in full
  3. 3.A decree shall issue in the manner provided in the Civil Procedure Rules and Section 13 of the Employment and Labour Relations Court Act
  4. 4.Costs of the application awarded to the Advocate/Applicant, to be agreed or taxed

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Section 51(2) of the Advocates Act; Section 13 of the Employment and Labour Relations Court Act

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.

I find merit in the Advocate/Applicant’s Notice of Motion dated 20th February, 2026, and the same is hereby allowed in the following terms:-
p. 5disposition - allowance of the application
Judgment is hereby entered for the Advocate against the Client/Respondent in the taxed and certified sum of Kshs.136,050/=.
p. 6final orders - entry of judgment
Costs of the application are awarded to the Advocate/Applicant, to be agreed or taxed.
p. 6final orders - costs
In such cases, Judgment is ordinarily entered in the sum in the certificate of costs upon application by the advocate.
p. 4procedure under Section 51(2) Advocates Act

Issues in the judgment

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minor

Cause number year inconsistent with application and ruling dates

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, "SI. Mwaura & Co. Advocates v Meditest Diagnostics Services Ltd", Case Analysis (2026). Misc. Cause No. E350 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2679/eng@2026-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.