Kenya Sunny Industries Company Ltd v Amondi & Company Advocates (Environment & Land Miscellaneous Case E002 of 2025) [2025] KEELC 1210 (KLR)
The bottom line
#A Kenyan court refused to extend time for challenging taxed legal fees because the applicant offered no credible explanation for a three-month delay.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicant has made out a case for enlargement of time to file a Reference under paragraph 4(2) of the Advocates (Remuneration) Order, 2014
- 2.Whether the decision of the Taxing Officer and the Notice to Show Cause should be set aside and the matter referred back for re-taxation
Key legal issues
#Whether a reasonable explanation for delay in filing the Reference was advanced
No reason was tendered; blame shifted to erstwhile advocates was unsupported by evidence of instructions to file the Reference
The court examined the grounds on the face of the Chamber Summons and the Supporting Affidavit and found neither explained the failure to file within the 14-day window. Counsel blamed former advocates, but there was no evidence the Applicant instructed them to file the Reference, so blame could not be placed on them. The application appeared prompted by the Respondent's execution proceedings.
Whether prejudice would be suffered by the Respondent if extension were granted
The Respondent would suffer prejudice, having already initiated execution of the taxed costs with an NSC scheduled
The court noted the Respondent had initiated execution proceedings for recovery of the taxed costs, with the matter scheduled for Notice to Show Cause on 18th March, 2025. Granting the extension at that stage would prejudice the Respondent, weighing against the discretionary relief under paragraph 11(4).
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party, requiring explanation of the delay and absence of prejudice
Court orders
#- 1.The Chamber Summons application dated 19th February, 2025 is dismissed
- 2.Each party to bear their own costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Paragraph 11(4) of the Advocates (Remuneration) Order, 2014 read with sections 1A, 1B and 3A of the Civil Procedure Act and Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Relief refused
#Enlargement of time to file Reference under paragraph 4(2) of the Advocates (Remuneration) Order, 2014
No explanation for the inordinate delay in filing the Reference
Setting aside the Taxing Officer's ruling of 30th October, 2024 and referral for re-taxation
Application failed for want of reasonable explanation for delay; Respondent would suffer prejudice, with execution already initiated
Costs
Each party to bear own costs of the application.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I find that no reason has been tendered to explain the failure to file the Reference within the time provided by law.
The application is dismissed. Each party to bear own costs of the application. Orders accordingly.
Issues in the judgment
#The names of the parties and the case number are not fully stated in the judgment; the Respondent is referred to only as 'the Respondent' (an Advocate who taxed costs against the Applicant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Sunny Industries Company Ltd v Amondi & Company Advocates (Environment & Land Miscellaneous Case E002 of 2025) [2025] KEELC 1210 (KLR)", Case Analysis (2025). Not stated in the judgment (chamber summons dated 19th February, 2025, Vihiga ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1210/eng@2025-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.