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ELCAllowedELCLMISC E053 OF 2024

Muite (SC) v Diesel Care Limited (Miscellaneous Application E053 of 2024) [2026] KEELC 2121 (KLR)

Employment and Labour Relations Court
16 April 2026
1,948 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed advocates can bill clients even without a written retainer, where instructions can be inferred from how the parties actually behaved.

What this practically means

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Executive summary

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The Applicant advocate filed a notice of application seeking review/setting aside of a taxing master's ruling dated 11th July 2025 (delivered by Hon. Judith Omollo) striking out his advocate-client bill of costs dated 14th March 2024. The bill related to services allegedly rendered in Supreme Court Civil Application No. E008 of 2023, Megvel Cartons Limited v Diesel Care Limited & 2 others, pursuant to instructions received through the Respondent's advocates on record, Kibera Maina & Associates. The Respondent did not file a response; only the Applicant filed submissions. The court framed a single issue: whether the taxing master erred in law and principle so as to justify interference with her ruling. Applying the settled principle that courts interfere with a taxing officer's decision only on an error of principle, the court perused the correspondence between the Respondent's advocates and the Applicant, including a letter of 6th March 2023 forwarding pleadings and requesting the Applicant to lead in the Supreme Court matter. The court held that instructions from the client's advocates, as agents, were instructions on the client's behalf, that a retainer need not be in writing but may be implied from the parties' conduct, and that the Respondent's silence and failure to object amounted to acquiescence. Relying on Njagi J in Nyakundi & Company Advocates v Kenyatta National Hospital Board and Scott L.J in Groom v Crocker, the court found the taxing master had erred in holding there were no instructions. The ruling of 11th July 2025 was set aside, the bill of costs remitted for fresh taxation by a different taxing officer, each party ordered to bear its own costs, and the ruling extended to Miscellaneous Applications E054, E055 and E056 of 2024.

Questions the Court framed

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

  1. 1.Whether the taxing master erred in law and principle as to justify interference with the decision of the Taxing Officer's ruling dated 11th July 2025

Key legal issues

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01

Whether there existed an advocate-client relationship between the Applicant and the Respondent

Holding

Yes - a retainer may be implied from the conduct of the parties; instructions from the client's advocates as agents constituted instructions on behalf of the client.

Reasoning

The court perused correspondence between the Respondent's advocates, Kibera Maina & Co Advocates, and the Applicant, including a letter dated 6th March 2023 forwarding pleadings and a request that the Applicant lead in the matter at the Supreme Court. The court held that 'lead' implied instructions to act on behalf of the Respondent. The Respondent never objected to the Applicant's involvement, and counsel on record could not have engaged another advocate on such an important matter without the client's knowledge. The conduct of both the advocates (as agents) and the Respondent established a retainer even though it was not in writing.

p. 4
02

Whether the taxing master's decision was based on an error of principle warranting interference

Holding

Yes - the taxing master erred in law and principle by disregarding the law on implied retainers and by treating the instructions as not given.

Reasoning

The court applied the principle that a court will not interfere with a taxing officer's decision unless it is based on an error of principle or the award is manifestly excessive or low. Taking into account irrelevant factors or omitting relevant ones is an error of principle. The taxing master relied on the correspondence but misdirected herself in finding that instructions came only from the advocates and not the Respondent, and in ignoring the doctrine of implied retainer. Accordingly her ruling was set aside and the bill remitted for fresh taxation.

p. 4

Legal principles established

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  • A retainer agreement between an advocate and client need not be in writing; it may be implied from the conduct of the parties.

Court orders

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  1. 1.The ruling of the taxing master dated 11th July 2025 is hereby set aside
  2. 2.The bill of costs dated 14th March 2024 to be remitted back for fresh taxation by a different taxing officer
  3. 3.Each party to bear their own costs
  4. 4.The ruling rendered in this matter is hereby to apply to Miscellaneous Civil Application E054 OF 2024, Miscellaneous Civil Application E055 OF 2024 and Miscellaneous Application E056 OF 2024

The bench

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

Wrote the judgment

Jurisdiction invoked
Reference/review against a Taxing Officer's ruling under section 51(2) of the Advocates Act (referenced in the grounds)
Consolidated with
Miscellaneous Civil Application E054 OF 2024, Miscellaneous Civil Application E055 OF 2024, Miscellaneous Application E056 OF 2024

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.

In view of the foregoing, this Court finds that the taxing master erred in law and principle in her ruling dated 11th July 2025 and hereby make the following orders
p. 4Interference with taxing master's decision
The ruling of the taxing master dated 11th July 2025 is hereby set aside
p. 4Final orders - setting aside
The bill of costs dated 14th March 2024 to be remitted back for fresh taxation by a difierent taxing oficer.
p. 4Final orders - remittal for taxation
Each party to bear their own costs.
p. 4Final orders - costs
The ruling rendered in this matter is hereby to apply to Miscellaneous Civil Application E054 OF 2024, Miscellaneous Civil Application E055 OF 2024 and Miscellaneous Application E056 OF 2024.
p. 4Final orders - application to consolidated matters
Even if there has been no written retainer, the court may imply the existence of a retainer from the acts of the parties in the particular case
p. 4Implied retainer (quoting Njagi J)

Issues in the judgment

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minor

Date typo in the grounds of review referring to the ruling

minor

Inconsistent case numbers cited for the Supreme Court matter in the grounds

minor

Date of the applicant's submissions appears to postdate the filing date context ('submissions dated 6th February 2026')

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, "Muite (SC) v Diesel Care Limited (Miscellaneous Application E053 of 2024) [2026] KEELC 2121 (KLR)", Case Analysis (2026). ELCLMISC E053 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2121/eng@2026-04-16

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