SI. Mwaura & Co. Advocates v Meditest Diagnostics Services Ltd
The bottom line
#A Kenyan court confirmed that once legal fees are taxed and certified, clients who don't object face judgment for the full amount plus 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 17th June 2025 should be adopted as judgment and decree of the Court
- 2.Whether judgment should be entered against the Respondent for the taxed sum of Kshs.93,825 with interest
Key legal issues
#Adoption of a certificate of taxation as judgment under Section 51(2) of the Advocates Act
The application for entry of judgment in terms of the taxed and certified sum succeeded; the certificate was unopposed, no reference was filed and no retainer dispute existed.
Section 51(2) of the Advocates Act permits the Court to enter judgment for the sum certified where the retainer is not disputed and the certificate has not been set aside. The Respondent was served but did not oppose, filed no reference, and did not seek to vary or set aside the certificate of taxation dated 17th June 2025. The Court adopted the Lesinko Njoroge formulation of the three conditions and found them satisfied, so judgment in the certified sum of Kshs.93,825 had to follow.
Interest on taxed advocate-client costs
Interest at Court rates was awarded, computed from the date of certification of the taxed costs until payment in full.
The Court invoked Section 27(2) of the Civil Procedure Act, which permits interest on costs at up to fourteen percent per annum, and Rule 7 of the Advocates (Remuneration) Order, which allows an advocate to charge 14% per annum on disbursements and costs from expiry of one month from delivery of the bill, provided the claim for interest is raised before payment or tender in full. On that basis the Court granted interest at Court rates from the date of certification.
Legal principles established
#- Where costs have been taxed and certified, the certificate has not been set aside, stayed or appealed against, and there is no dispute on retainer, judgment is ordinarily entered in the sum in the certificate of costs upon application by the advocate.
- A certificate of a taxing officer is final as to the amount of costs covered unless set aside or altered by the Court.
Court orders
#- 1.Judgment entered for the Advocate/Applicant against the Client/Respondent in the taxed and certified sum of Kshs.93,825
- 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.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.Costs of the application awarded to the Advocate/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; Section 13 of the Employment and Labour Relations Court 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.
Judgment is hereby entered for the Advocate/Applicant against the Client/Respondent in the taxed and certified sum of Kshs.93,825/=.
The said sum shall attract interest at Court rates, to be computed from the date of certification of the taxed costs until payment in full.
the certificate of costs has not been set aside or stayed or appealed against on a reference filed upon it; and (3) there is no dispute on retainer.
Costs of the application are awarded to the Advocate/Applicant, to be agreed or taxed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SI. Mwaura & Co. Advocates v Meditest Diagnostics Services Ltd", Case Analysis (2026). Miscellaneous Cause E354 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2692/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.