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Case Brief · caselaw.co.ke
ELCPartially AllowedELC L MISC NO. E205 OF 2024· [2026] KEELC 6011 (KLR)

In the Matter of Advocate/Client Bill of Costs - Kipkorir, Tito & Kiara Advocates v Maniatta Limited

Environment and Land Court
25 September 2026
2,022 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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A Kenyan court blocked a law firm from collecting Kshs 609,350 in legal fees until a different taxing officer first decides whether a client-lawyer relationship actually existed.

What this practically means

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Executive summary

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The advocate applicant moved by Notice of Motion dated 4th March 2026 for judgment on a Certificate of Costs dated 3rd March 2026 for Kshs 609,350 with 14% interest, following taxation of its bill on 11th September 2025. The client respondent opposed, contending no retainer existed because instructions came from one Michalis, not the (then unincorporated) company, and that its preliminary objection on retainer was dismissed by the Taxing Officer without reasons. The respondent also filed a chamber summons under paragraph 11 of the Advocates (Remuneration) Order and Section 44 of the Advocates Act seeking to vary or set aside the ruling and strike out the bill. The applicant objected on limitation grounds. The court framed three issues: entry of judgment on the certificate, setting aside the impugned ruling, and existence of a retainer. It held judgment on the certificate premature since the retainer was expressly disputed; that the Taxing Officer's failure to give reasons for dismissing the preliminary objection was an error of principle warranting intervention; and declined to determine the retainer question in the first instance, remitting it to a different Taxing Officer. The application partially succeeded: the ruling of 11th September 2025 was set aside, the retainer issue remitted, the motion held in abeyance, and costs made to abide the outcome.

Key legal issues

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01

Whether judgment should be entered on the certificate of taxation

Holding

No - premature because the retainer is expressly disputed and a chamber summons challenging the ruling is pending

Reasoning

Section 51(2) permits judgment on a certificate where the retainer is not disputed. Here the Respondent expressly disputed the retainer via a preliminary objection and a chamber summons. Since the retainer dispute goes to entitlement to costs, entering judgment before determining the chamber summons would be premature.

p. 7
02

Whether the Taxing Officer's ruling dismissing the preliminary objection should be set aside

Holding

Yes - the failure to give reasons for dismissing the objection was an error of principle warranting intervention

Reasoning

A judge will not interfere with a Taxing Officer's discretion absent an error of principle. The Taxing Officer dismissed the retainer objection without giving reasons, making it impossible to ascertain whether the evidence was considered. The absence of reasons is central to the taxation and constitutes an error of principle justifying the Court's intervention.

p. 10
03

Whether there existed a retainer between the parties

Holding

Not determined - remitted to a different Taxing Officer for a reasoned determination

Reasoning

The retainer question goes to the foundation of the advocate's entitlement to present an advocate/client bill. Without the Taxing Officer's reasoning, this Court would have to determine the factual issue in the first instance, which would be inappropriate. The proper remedy is remission for a reasoned determination.

p. 10
04

Whether the reference was filed out of time under paragraph 11 of the Advocates (Remuneration) Order

Holding

The limitation objection could not be sustained without first considering whether reasons for the ruling were furnished

Reasoning

Paragraph 11(1) requires notice of objection within fourteen days; under paragraph 11(2) reasons must be recorded and forwarded, and the objector then has 14 days from receipt of reasons to apply to a Judge. If no reasons were furnished, the Court must consider the effect of that omission before holding the period expired.

p. 9

Legal principles established

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  • A certificate of taxation is final as to the amount of costs unless set aside or altered by the Court
  • A judge on a reference will not interfere with a Taxing Officer's discretion absent an error of principle
  • A judicial or quasi-judicial authority must give reasons for its decisions

Court orders

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  1. 1.The decision of the Taxing Officer contained in the ruling dated 11th September 2025 dismissing the Respondent's preliminary objection is hereby set aside
  2. 2.The issue of whether there existed a retainer between the Applicant and the Respondent is hereby remitted to a different Taxing Officer for hearing and determination
  3. 3.The Notice of Motion dated 4th March 2026 is hereby held in abeyance pending the determination of the issue of retainer
  4. 4.Costs shall abide the outcome of the matter
Jurisdiction invoked
Section 51(2) of the Advocates Act and paragraph 11 of the Advocates (Remuneration) Order

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, "In the Matter of Advocate/Client Bill of Costs - Kipkorir, Tito & Kiara Advocates v Maniatta Limited", Case Analysis (2026). ELC L MISC NO. E205 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6011/eng@2026-09-25

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