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ELCAllowedELC L MISC. NO. E129 OF 2023

J.M. Njenga & Co. Advocates LLP v Kimuri Housing Company Ltd (Environment and Land Miscellaneous Application E129 of 2023) [2026] KEELC 4391 (KLR)

Environment and Land Court
14 July 2026
1,393 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that advocates must obtain a judge's leave before appealing a fee-taxation ruling, and granted it here because appeals are a constitutional right.

What this practically means

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Executive summary

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This was a Notice of Motion dated 8th April 2025 by the Advocate/Applicant, Vivianne Wachanga, seeking leave to appeal against the court's Ruling of 24th March 2025 delivered on a reference (dated 1st July 2024) against a Taxing Master's decision on a Bill of Costs dated 14th November 2023, arising from Nairobi ELC 189 of 2015. The Applicant had already filed a Notice of Appeal and sought typed proceedings, contending leave was sought orally at delivery but the court directed a formal application. The Respondent opposed, arguing the Notice of Appeal was filed without leave, that the intended appeal was not arguable, and that the application was filed after inordinate, unexplained delay. The court framed a single issue: whether the Applicant had demonstrated sufficient cause to warrant leave to appeal. Relying on paragraph 11(3) of the Advocates Remuneration Order, 2014, the court noted that a party aggrieved by a judge's decision on a reference may appeal only with leave. Citing Onindo & Associates Advocates v Gatatha Farmers Co Limited and Ravelston Corporation Limited (Re), it applied the test that the applicant must show legitimately arguable points creating a realistic possibility of success. It cited Museum View Office Suites Limited for the consequence that an appeal without leave attracts no audience in the Court of Appeal. The court found the two-week delay excusable and, reasoning that an appeal is a constitutional right, held it could not deny an aggrieved party leave. The application was allowed, with each party bearing their own costs.

Questions the Court framed

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

  1. 1.Whether the Applicant has demonstrated sufficient cause to warrant this Court's leave to Appeal its Ruling dated 24th March 2025

Key legal issues

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01

Whether the Applicant demonstrated sufficient cause to warrant leave to appeal the Ruling of 24th March 2025 on a reference

Holding

Leave was granted: the application was filed within two weeks (no inordinate delay) and the intended appeal was treated as arguable, with the court holding that since an appeal is a constitutional right it could not deny an aggrieved party leave

Reasoning

The court applied paragraph 11(3) of the Advocates Remuneration Order, 2014, which requires leave of the judge before appealing a decision on a reference. It adopted the test in Onindo & Associates Advocates v Gatatha Farmers Co Limited, that the applicant must show legitimately arguable points creating a realistic possibility of success. It found the two-week delay excusable and reasoned that because an appeal is a constitutional right, an aggrieved party cannot be denied leave. The motion was allowed with no order as to costs.

p. 8

Legal principles established

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  • A person aggrieved by a judge's decision on a reference under the Advocates Remuneration Order may appeal to the Court of Appeal only with the leave of the judge
  • In deciding whether to grant leave, the court considers whether there is a realistic possibility of success on the intended appeal
  • A party who does not seek leave to appeal a decision on a reference lacks standing before the Court of Appeal

Court orders

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  1. 1.Leave granted to the Applicant to Appeal against the Court's Ruling of 24th March 2025
  2. 2.Notice of Motion dated 8th April 2025 allowed
  3. 3.Each party to bear their own costs

The bench

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

Wrote the judgment

Jurisdiction invoked
Paragraph 11(3) of the Advocates Remuneration Order, 2014 (leave of the judge to appeal a ruling on a reference); Articles 48 and 50 of the Constitution

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.

"the only issue for determination is whether the Applicant has demonstrated sufficient cause to warrant this Court’s leave to Appeal its Ruling dated 24th March 2025."
p. 5Issue for determination
"I find that the Applicant is entitled to leave to Appeal against this Court’s impugned Ruling of 24th March 2025, and will allow it."
p. 9Finding on leave to appeal
"I find the instant Notice of Motion application dated the 8th April 2025 merited and will allow it."
p. 9Disposition
"Each party to bear their own costs."
p. 9Costs order

Issues in the judgment

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minor

The delivery date is stated as 2026, which is inconsistent with a judgment on an application filed 8th April 2025 and with the dates discussed in the ruling; this may be a typographical error in the judgment

minor

The application's prayer cites the Ruling date as 14th March 2025 while the supporting affidavit and submissions refer to 24th March 2025; the court treated this as a typo

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, "J.M. Njenga & Co. Advocates LLP v Kimuri Housing Company Ltd (Environment and Land Miscellaneous Application E129 of 2023) [2026] KEELC 4391 (KLR)", Case Analysis (2026). ELC L MISC. NO. E129 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4391/eng@2026-07-14

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