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ELCDismissedChamber Summons dated 20th August, 2024 (bill of costs dated 14th December, 2023)

Chemoyai t/a Chemoyai & Co Advocates v County Government of Uasin Gishu (Environment & Land Miscellaneous Case E029 of 2023) [2025] KEELC 219 (KLR)

High Court of Kenya
30 January 2025
920 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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The High Court in Makueni dismissed a challenge to a taxed legal bill because it was filed over a month late with no extension of time sought.

What this practically means

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Executive summary

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This ruling by the High Court at Makueni (E. O. Obaga, Judge) determines a Chamber Summons dated 20th August, 2024 by which the Applicant, being dissatisfied with the taxing officer's ruling of 19th July 2024 on a bill of costs dated 14th December 2023, sought that the decision be set aside and the bill taxed afresh by the court, or in the alternative by another taxing master. The Applicant faulted taxation for lack of proof of receipts from the process server, non-attachment of documents under Order 21 Rule 9A of the Civil Procedure Rules 2020, shifting of party and party costs onto the Applicant, and excessive award. The Respondent opposed, contending the court lacked jurisdiction because the Applicant neither requested reasons from the taxing officer within 14 days nor filed the reference within the 14 days prescribed by the Advocates Remuneration Order; that Order 21 Rule 9A applies to lower courts, not the superior court; that an advocate/client bill need not be accompanied by documents, the taxing officer being empowered under Order 13A of the Remuneration Order to direct production of documents; and that absence of a valuation report did not bar fees, the taxing officer having exercised discretion reasonably. The court framed two issues: whether the reference complied with the law, and whether the taxing officer erred in principle. It found the reference incompetent as it was filed a month after the ruling with no extension of time, though failure to request reasons was excusable. On the merits, applying Kagurimi Kangethe & Co. Advocates v O-lerai Nurseries Limited, the court found no error of principle. The application was dismissed with costs to the Respondent on 30th January 2025.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the reference was brought as per the requirements of the law
  2. 2.Whether the taxing officer committed an error in principle as to call for the court's interference

Key legal issues

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01

Compliance with Rule 11 of the Advocates Remuneration Order (request for reasons and 14-day filing period)

Holding

The reference was incompetent as it was filed a month after the taxation ruling without an application for extension of time, though failure to request reasons was forgivable since the reasons were discernible from the ruling.

Reasoning

Rule 11(1) and (2) of the Advocates Remuneration Order governs references. The court found no evidence the applicant sought reasons from the taxing officer, but excused that omission because the reasons were clearly discernible from the ruling. However, the ruling was delivered on 19th July 2024 and the reference filed a month later, with no extension of time sought, so the reference did not follow the rules and was incompetent. That alone disposed of the application.

p. 2
02

Whether the taxing officer committed an error of principle

Holding

No error of principle was established; the taxing officer applied the correct principles, having noted the absence of a valuation report, and items on service fees and letters to client had been taxed off.

Reasoning

Applying Kagurimi Kangethe & Co. Advocates v O-lerai Nurseries Limited, an error in principle exists where costs are manifestly excessive as to justify an inference of erroneous principles. The court found that items on service fees and letters to client were taxed off, so the applicant could not complain of what was not granted. On instruction fees, the taxing officer duly noted the absence of a valuation report and applied the correct principles in arriving at a reasonable figure.

p. 2

Legal principles established

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  • A reference against a taxing officer's decision must be filed within 14 days as prescribed by Rule 11(2) of the Advocates Remuneration Order; filed outside that period without extension of time it is incompetent.
  • An error of principle justifying interference with a taxing officer's discretion exists where costs allowed are so manifestly excessive as to justify an inference that the taxing officer acted on erroneous principles.

Court orders

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  1. 1.The Applicant's application (Chamber Summons dated 20th August, 2024) is dismissed
  2. 2.Costs of the application to the Respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Rule 11(1) and (2) of the Advocates Remuneration Order

Relief refused

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Setting aside the taxing officer's decision of 19th July 2024 and fresh taxation (by this court or another taxing master)

Reference filed out of time without extension of time, rendering it incompetent; and no error of principle established

p. 2

Costs

The application is dismissed with costs to the Respondent.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

This therefore shows that reference was filed without following the rules and is therefore in competent. This is enough to dispose ofi this application
p. 2Incompetence of a reference filed outside Rule 11(2) 14-day period
I therefore find that the Applicant's application is devoid of merit. The same is dismissed with costs to the Respondent. It is so ordered.
p. 3Final orders - dismissal with costs
An example of an error in principle is where the costs allowed are so manifestly excessive as to jsutify an interference that the taxing oficer acted on erroneous principles
p. 2Test for interfering with a taxing officer's discretion

Issues in the judgment

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minor

The bill of costs is inconsistently described - the Chamber Summons refers to a bill of costs dated 14th December, 2023 while the Applicant contends the taxing officer taxed an Advocate/client bill of costs dated 12th April, 2024 (marked '(sic)' in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Chemoyai t/a Chemoyai & Co Advocates v County Government of Uasin Gishu (Environment & Land Miscellaneous Case E029 of 2023) [2025] KEELC 219 (KLR)", Case Analysis (2025). Chamber Summons dated 20th August, 2024 (bill of costs dated 14th December, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/219/eng@2025-01-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.