Bruce Odeny & Co. Advocates v Alila & another (Environment and Land Miscellaneous Application 015 of 2025) [2026] KEELC 409 (KLR) (29 January 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 409
- Citation
- [2026] KEELC 409 (KLR)
- Decided
- 29 January 2026
The court allows the application and orders that the taxed costs be converted into a decree and judgment of the court.
Facts
The applicant, Bruce Odeny & Co. Advocates, represented the 1st and 2nd respondents in a previous case (Siaya CM ELC NO. 40 OF 2020) and is now seeking to recover legal fees. The applicant filed a bill of costs dated 18/02/2025, which was taxed by the taxing master on 20/06/2025 and a certificate of taxation was issued.
Issues
- Whether the court can convert the certificate of costs to a decree and judgment
Reasoning
The court follows the provisions of Section 51(2) of the Advocates Act, which allows the court to make an order for judgment on taxed costs. The court notes that the respondent did not respond to the application and failed to attend court, but grants the application based on the established legal position.
Outcome
The application is allowed.
Orders
- The taxed costs are converted into a decree and judgment of the court.
Authorities cited
Cases cited (3)
- Republic vs City Council of Nairobi Ivyland Park Ltd (interested party) Exparte Inderpal Singh & 2 others (2021) eKLR
- Ahmednasir Abdikadir & Company Advocates vs National Bank of Kenya Limited (supra)
- Dally and Figgis Advocates vs Homelex Limited (2013) eKLR
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