Muema Kitulu t/a Muema Kitulu & Co Advocates v County Government of Kitui [2020] eKLR Case Summary

Court
High Court of Kenya at Machakos
Category
Civil
Judge(s)
D. K. Kemei
Judgment Date
October 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Muema Kitulu t/a Muema Kitulu & Co Advocates v County Government of Kitui [2020] eKLR case summary, highlighting key legal principles and outcomes relevant to public law and advocacy.


Case Brief: Muema Kitulu t/a Muema Kitulu & Co Advocates v County Government of Kitui [2020] eKLR

1. Case Information:
- Name of the Case: Muema Kitulu T/A Muema Kitulu & Co Advocates v. County Government of Kitui
- Case Number: Miscellaneous Civil Application No. 79 of 2015
- Court: High Court of Kenya at Machakos
- Date Delivered: October 6, 2020
- Category of Law: Civil
- Judge(s): D. K. Kemei
- Country: Kenya

2. Questions Presented:
The court must resolve two central legal issues: (1) whether the taxation award is valid and (2) whether the advocate/applicant is entitled to 14% interest on the taxed costs from April 23, 2015, until payment in full.

3. Facts of the Case:
The applicant, Muema Kitulu, an advocate, sought to recover Kshs 266,372 in legal fees from the respondent, the County Government of Kitui. The applicant contended that he had been retained by the respondent and that the costs had been taxed and certified. The respondent opposed the application, particularly disputing the start date for the interest on the taxed costs, suggesting it should begin from the date of taxation rather than the date the bill was filed.

4. Procedural History:
The application was initiated through a notice of motion dated June 4, 2019, under the Advocates Act and related laws. The applicant supported his motion with an affidavit and a certificate of taxation. The respondent filed a replying affidavit on July 17, 2019, contesting the claim for interest from April 23, 2015. A supplementary affidavit was later submitted by the applicant to address the delay in the taxation process. The application was subsequently addressed through written submissions.

5. Analysis:
- Rules: The court considered Section 51(2) of the Advocates Act, which allows for judgment to be entered based on a certificate of taxation unless set aside. Rule 7 of the Advocates Remuneration Order states that an advocate may charge interest at 14% per annum on costs from one month after the delivery of the bill to the client.
- Case Law: The court referenced several cases, including *Kithi & Co Advocates v. Menengai Downs Ltd* (2015) and *Waiganjo Wachira & Company Advocates v. Pacis Insurance Company Limited* (2019), which provided precedents on the issue of interest on taxed costs and clarified the timeline for when such interest begins to accrue.
- Application: The court found that the taxation of the bill was valid and that the applicant was entitled to recover the taxed costs. However, it ruled that interest would only be awarded from the date of taxation (March 5, 2019) rather than from the earlier date of the bill's filing due to the applicant's failure to provide evidence of service of the bill to the respondent.

6. Conclusion:
The court ruled in favor of the applicant, entering judgment for Kshs 266,372 as the certified costs due. The court also awarded interest at 14% from the date of taxation until payment in full and ordered that the costs of the application be borne by the respondent. This decision reinforces the principle that advocates may recover taxed costs and the conditions under which interest applies.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The High Court of Kenya ruled in favor of the applicant, Muema Kitulu, allowing his application for recovery of legal fees against the County Government of Kitui. The court entered judgment for the taxed costs and set the interest to accrue from the date of taxation. This case underscores the importance of procedural adherence in the recovery of legal fees and the implications of statutory provisions regarding interest on costs.

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