Kabiru & Company Advocates v Mutia (Miscellaneous Application E099 of 2023) [2025] KEELRC 402 (KLR) (14 February 2025) (Ruling)

Summary at a glance

Facts

Kabiru & Company Advocates filed an Advocate-Client Bill of Costs on 5th May 2023, which was taxed at Kshs 853,570.71. The Deputy Registrar issued a Certificate of Taxation on 21st June 2024. Jimmy Mwanzia Mutia, the Respondent, did not appeal the Certificate of Taxation and has not paid the taxed amount.

Issues

• Whether the Court should enter judgment against the Respondent in terms of the Certificate of Taxation dated 21st June 2024.

Reasoning

The Respondent has not objected to the Taxation Ruling and his only issue is that he is not in a position to settle the taxed sum in a single installment. The amount entered by the Taxing Master is due to the Applicant.

Outcome

Judgment in favor of the Applicant

Orders

• Judgment entered against the Respondent in favor of the Applicant for the sum of Kshs. 853,570.71 as per the Certificate of Taxation issued on 21st June 2024.
• Interest at court rates from 31st July 2024, which is the date the Application was filed, until payment in full.

Authorities cited