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

with interest thereon at Court rates from the date of Taxation until payment in full. (c) 2. That costs of the application be provided. The application sets out on its face the grounds upon which it is brought; and is predicated on the annexed supporting affidavit of SAMMY MWAURA sworn on 20th February, 2026. It is deponed in the said supporting affidavit:(a) that vide a Ruling dated 7th June, 2025, the Advocate-Client bill Kshs.136,050/=, of and costs that was a taxed at Certificate of DRAFT Taxation was subsequently issued on 14th July, 2025. (b) that despite service of the Certificate of Taxation, the Respondent refused and/or declined to settle the bill as taxed, hence the application herein. (c) that the Respondent has not filed any reference or made any application to vary or set aside the aforesaid Certificate of Taxation. RULING Nairobi ELRC Misc. Cause No. E350 of 2024 2 of 7

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3. The Respondent did not file any response to the application, though shown to have been served. The application is, therefore, unopposed. 4. A copy of the Certificate of Taxation issued on 14 th July, 2025 is annexed to the supporting affidavit.. 5. Section 51(2) of the Advocates Act provides as follows:“(2) The certificate of a Taxing Officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to DRAFT the amount of costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including in a case where the retainer is not disputed, an order that Judgment be entered for the sum certified to be due with costs.” 6. Without belabouring the point, the prayer for entry of Judgment in terms of the taxed and certified costs must succeed. It was stated as follows in the case of Lesinko RULING Nairobi ELRC Misc. Cause No. E350 of 2024 3 of 7

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Njoroge & Gathogo Advocates – vs – Invesco Assurance Co. Ltd [2021] eKLR:“(9) The procedure provided in Section 51(2) of the Advocates Act aides expeditious disposal of cases relating to recovery of advocate-client costs as long as:(1) the costs have been taxed by and certified under the hand of the taxing master by a certificate of costs: (2) the certificate of costs has not been set aside or stayed or appealed against on a reference filed upon DRAFT it; and (3) there is no dispute on retainer. In such cases, Judgment is ordinarily entered in the sum in the certificate of costs upon application by the advocate. The application may be commenced by way of a Notice of Motion, which in law is a potent tool for originating a suit”. 7. On interest, it is to be noted that the sum regarding which Judgment is sought is made up of taxed costs. Section 27(2) of the Civil Procedure Act provides as follows:- RULING Nairobi ELRC Misc. Cause No. E350 of 2024 4 of 7

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“(2) The Court or Judge may give interest on costs at any rate not exceeding fourteen percent per annum, and such interest shall be added to the costs and shall be recoverable as such”. 8. The foregoing provision is echoed in Rule 7 of the Advocates (Remuneration) Order which provides as follows:“An Advocate may charge interest at 14% per annum on his disbursements and costs, whether DRAFT by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill has been paid or tendered in full.” 9. 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:- RULING Nairobi ELRC Misc. Cause No. E350 of 2024 5 of 7

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(a) Judgment is hereby entered for the Advocate against the Client/Respondent in the taxed and certified sum of Kshs.136,050/=. (b) The said sum of Kshs.136,050/= shall attract interest at Court rates, to be computed from the date of certification of the taxed costs until payment in full. (c) A decree shall issue in the manner provided in the Civil Procedure Rules and Section 13 of the Employment and Labour Relations Court Act. (d) Costs of the application are awarded to the DRAFT Advocate/Applicant, to be agreed or taxed. 10. It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF SEPTEMBER 2026 AGNES KITIKU NZEI RULING Nairobi ELRC Misc. Cause No. E350 of 2024 6 of 7

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JUDGE ORDER This Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of the applicable Court fees. AGNES KITIKU NZEI JUDGE Appearance: DRAFT Mr. Kitila for the Applicant/Advocate No appearance for the Respondent/Client RULING Nairobi ELRC Misc. Cause No. E350 of 2024 7 of 7

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