REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

MISC APPLICATION NO. 9 OF 2018

MOSE, MOSE & MOSE ADVOCATES………………………………APPLICANT

VERSUS

AFRICA MERCHANT ASSURANCE CO LTD…………………….RESPONDENT

REPLYING AFFIDAVIT

(To the Notice to Show Cause dated 18/08/2021)

I CHELLION NYAMWEYA ONUKO, an advocate of the High Court practising as such

under the firm Mose, Mose & Mose Advocates do hereby make oath and swear as

follows-

1. THAT the firm of Mose, Mose & Mose Advocates duly represented M/S AMACO

Insurance fully to the best logical conclusion in the primary suit MAKUENI CMCC

NO. 131 OF 2011.

2. THAT the Applicant herein sent final fee notes and legal opinions to the Respondent

for settlement. (See annexure marked ‘CNO1’ being final fee note in the annexed

affidavit of Chellion Nyamweya Onuko).

3. THAT the Respondent herein refused and or neglected to make payments to the

Applicant to settle its outstanding legal fees, therefore necessitating advocate

Mwambi for the applicant to institute these taxation proceedings.

4. THAT we filed these proceedings on 24th January, 2018.

5. THAT due to the Covid-19 pandemic, employees of both the Applicant and the

Respondent were required to work from home which caused a slump in matters

prosecuted to conclusion in court.

6. THAT further and without prejudice to the above, counsel Mwambi who was

handling this matter on behalf of the Applicant ceased employment and did not

hand over matters to the next counsel herein in a formal way and in due time to

prosecute the taxation herein to conclusion.

7. THAT the Applicant herein will seek the leave and indulgence of this Honourable

Court to confirm from records on the settlement of legal fees herein since it handled

a substantial number of instructions which are being taxed herein.

8. THAT the Applicant and the Respondent herein attempted to negotiate settlements

to the unpaid fees herein but the negotiations fell through.

9. THAT the delay in prosecuting this taxation proceeding is fully occasioned by

negotiations between the Applicant and the Respondent including the improper

departure by counsel Mwambi (former) from working with the Applicant.

10. THAT it is now evident that the Respondent herein is no longer interested in

making any payments whatsoever to settle the outstanding legal fees to the

Applicant herein despite the matters being filed in court.

11. THAT the Respondent herein has refused to respond to communication from the

Applicant herein. (See Annexure marked ‘CNO2’ being the letter to the

Respondent in the annexed affidavit of Chellion Nyamweya Onuko).

12. THAT the Applicant is desirous to proceed with the taxation proceedings herein to

conclusion.

13. THAT the Applicant is ready and willing to file all its relevant documents herein to

enable expedite disposal of these proceedings.

14. THAT the Applicant herein believes that the proceedings herein are in pursuit of its

lawful fees earned after diligent conclusion of matters in court.

15. THAT the Applicant herein will proceed with this matter to full and final

conclusion.

16. THAT it is the interests of justice, fairness, the right to earn that I swear this

affidavit.

17. THAT what is sworn herein is true to the best of my knowledge, information and

belief.

SWORN at NAIROBI by the said )

)
)
CHELLION NYAMWEYA ONUKO ) ______________________
) DEPONENT
)
This ………………..day of ……….……..2021 )
)
)
)
BEFORE ME )
)
)
COMMISSIONER FOR OATHS )
DRAWN & FILED BY:
Mose, Mose & Mose Advocates,
KU Plaza, 3rd Floor,
Haile Selassie Avenue,
P.O. Box 9403-00200,
NAIROBI. (REF: MMM/AMACO 48/2011)
Tel: 020-2241151, 0787894481
Email: mmmadvocates@yahoo.com