Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedELC Petition No. E001 of 2023

Nyambega Gisesa v National Land Commission & 4 others; Ministry of Lands & Physical Planning & 3 others (Interested Parties)

Environment and Land Court of Kenya
7 October 2026
3,275 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

#

A Kenyan court gave Nyamira County more time to challenge a Ksh. 57.6 million legal fees bill, but refused to hand over the money yet.

What this practically means

#

Executive summary

#
This ruling of the Environment and Land Court at Nyamira (D. O. Ohungo, J) determined two interlocutory applications in an ongoing petition: the Petitioner's Notice of Motion dated 1st August 2025 seeking entry of judgment for Kshs 57,606,500.00 being taxed party and party costs certified on 30th January 2025, and the Fifth Respondent's (County Government of Nyamira) Chamber Summons dated 3rd March 2026 seeking leave for the County Attorney to come on record, enlargement of time to object to the taxation ruling of 27th December 2024 and to file a reference under Paragraph 11 of the Advocates (Remuneration) Order, and setting aside of the instruction fees award of Kshs 50,000,000. The court allowed the unopposed change of representation, citing Section 7 of the Office of the County Attorney Act and the constitutional right to counsel of choice. Applying the Salat extension-of-time principles, the court held that although the fourteen-month delay was long and inordinate, delay alone is not determinative; the possibility that the erstwhile advocates never informed the county of the taxation, the absence of prejudice beyond costs, and the public interest under Article 201(d) in justly determining fees payable from public funds justified enlargement of time. However, the court declined to enter judgment on the certificate of taxation or set aside the instruction fees award, holding it premature since no valid reference was before it. The Fifth Respondent was given seven days to file notice of objection and fourteen days from receipt of reasons to file a reference, failing which the leave lapses and the Petitioner's motion proceeds to hearing. The Fifth Respondent received costs of its application.

Questions the Court framed

#

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

  1. 1.Whether leave should be granted to the Honourable County Attorney to come on record for the Fifth Respondent
  2. 2.Whether enlargement of time to file a reference against the taxation ruling delivered on 27th December 2024 should be granted
  3. 3.Whether the Deputy Registrar's decision on taxation under item no. 1 (instruction fees) should be set aside
  4. 4.Whether judgment should be entered for the Petitioner as prayed

Key legal issues

#
01

Whether to enlarge time for filing a notice of objection and reference against a taxation ruling filed fourteen months out of time

Holding

Extension granted despite inordinate delay, because the delay was not by itself determinative, mistakes of counsel should not be visited on litigants, no irreparable prejudice was shown, and public interest in just determination of fees payable from public funds favoured a reference

Reasoning

The court applied the Salat principles: extension is discretionary and equitable, requiring satisfactory explanation and absence of prejudice. Although fourteen months was inordinate, the Fifth Respondent's claim that its advocates never informed it of the taxation was a possibility it could not discount at an interlocutory stage. Prejudice to the Petitioner was compensable by costs, and Article 201(d) required the quantum of fees payable from public funds to be justly determined before commitment.

p. 13
02

Whether judgment should be entered on the certificate of taxation

Holding

Refused as premature; the Fifth Respondent must first give notice of objection within the enlarged period and file a reference if dissatisfied with the taxing officer's reasons

Reasoning

The court held that no valid reference existed at the time, so it could not determine the propriety of the taxed quantum or adopt the certificate as an executable decree. The merits of the taxation were expressly left open for determination once a valid reference is filed and parties heard.

p. 13
03

Whether the County Attorney should come on record for the Fifth Respondent

Holding

Allowed, the prayer being unopposed and grounded on Section 7 of the Office of the County Attorney Act and the constitutional right to choose representation

Reasoning

The court noted the County Attorney is the principal legal adviser and ideal legal representative of the county government in civil proceedings, and no compelling reason was advanced to deny the change of advocates.

p. 9

Legal principles established

#
  • Extension of time is an equitable remedy, not a right; the applicant must explain the delay, and the court considers prejudice, arguability and public interest on a case-by-case basis
  • Length of delay alone is not determinative; the court weighs explanation, prejudice, arguability of the intended reference and the broader interests of justice
  • Prudent and responsible utilisation of public funds under Article 201(d) of the Constitution is a mandatory constitutional edict that courts must consider where a decree would be settled from public funds
  • A party has a constitutional right to choose its legal representation, to be interfered with only for compelling reasons

Court orders

#
  1. 1.Leave granted to the Honourable County Attorney - Nyamira to come on record for the Fifth Respondent in place of Omesa Mogeni & Company Advocates
  2. 2.Time within which the Fifth Respondent may object to the Taxing Officer's decision in the ruling of 27th December 2024 and file a reference enlarged
  3. 3.Fifth Respondent to file and serve notice of objection within seven (7) days; any ensuing reference to be filed within fourteen (14) days of receipt of the reasons
  4. 4.In default of timely compliance, leave granted shall lapse and the Petitioner's Notice of Motion dated 1st August 2025 shall be set down for hearing
  5. 5.Fifth Respondent to have costs of the Chamber Summons dated 3rd March 2026

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Paragraph 11(4) of the Advocates (Remuneration) Order; inherent discretion of the Environment and Land Court over its own proceedings

Relief refused

#

Entry of judgment for the Petitioner for Ksh. 57,606,500.00 as per the certificate of taxation

Premature to enter judgment on the certificate before the Fifth Respondent files a valid reference under the enlarged time

p. 13

Setting aside of the Deputy Registrar's decision on taxation under item no. 1 (instruction fees)

No valid reference is before the Court; the Fifth Respondent must first comply with Paragraph 11(1) of the Advocates Remuneration Order

p. 13

Costs

The Fifth Respondent shall have costs of Chamber Summons dated 3rd March 2026.

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.

extension of time is not a right of a party but an equitable remedy available at the discretion of the Court; that the party seeking extension bears the burden of laying a basis to the satisfaction of the Court
p. 10Principles for extension of time
the length of delay, though an important consideration, is not by itself determinative.
p. 11Weight of inordinate delay
It is a possibility that it was not informed. If that be the case, I bear in mind that Courts have severally held that mistakes of counsel should not be visited on litigants.
p. 12Mistakes of counsel
It is in public interest that the quantum of Party and Party fees be justly determined before public funds are committed.
p. 13Public interest and Article 201(d)
b) Time within which the Fifth Respondent may object to the decision of the Taxing Officer comprised in the ruling delivered on 27th December 2024 and file a reference is hereby enlarged.
p. 14Final orders - enlargement of time
In default of timely compliance with (c) above, leave so granted shall lapse and the Petitioner’s Notice of Motion dated 1st August 2025 shall be set down for hearing.
p. 14Final orders - default clause
e) The Fifth Respondent shall have costs of Chamber Summons dated 3rd March 2026.
p. 15Final orders - costs

Issues in the judgment

#
minor

Petitioner's submissions dated 2nd June 2025 predate the Fifth Respondent's Chamber Summons dated 3rd March 2026 they oppose

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Nyambega Gisesa v National Land Commission & 4 others; Ministry of Lands & Physical Planning & 3 others (Interested Parties)", Case Analysis (2026). ELC Petition No. E001 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6236/eng@2026-10-07

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