Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in judgment

V Chokaa & Co Advocates v Roy Hauliers Limited (Miscellaneous Application E232 of 2024) [2025] KEELRC 581 (KLR)

High Court of Kenya
27 February 2025
1,896 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

#

Kenya's High Court ordered Roy Hauliers to pay its advocates Kshs 236,995 plus interest, holding that a fee agreement without the client's signature is unenforceable.

What this practically means

#

Executive summary

#
This first-instance judgment by Radido Stephen, J, in Nairobi, determined two applications arising from the taxation of an advocate-client Bill of Costs. V. Chokaa & Co. Advocates' Bill of Costs was taxed on 30 September 2024, producing a Certificate of Taxation of Kshs 236,995/-. Roy Hauliers Ltd filed a Chamber Summons seeking stay of execution, setting aside of the Taxing Officer's Ruling of 30 September 2024 and a fresh taxation, contending the Taxing Officer ignored its pending Motions, that a final fee note had settled the fees, and that it was denied a hearing. The advocate opposed, and separately filed an amended Motion seeking judgment on the Certificate of Taxation with interest at 14% per annum. The Court found that the Respondent's Motion of 20 September 2024 was overtaken by events after it failed to attend the taxation, and that its Motion of 25 September 2024 to arrest the Ruling had not been paid for; a filing is complete only upon payment of fees, so the Taxing Officer properly proceeded. Allegations of bias and technological failures were unsupported by evidence. On the fee agreement claim, the Court held the fee note relied on was signed only by the advocate and thus unenforceable under section 45 of the Advocates Act. The Summons was dismissed with costs; the advocate's Motion was allowed, with judgment entered for Kshs 236,995/-, interest at 14% from the date of taxation, and costs of the Motion to the advocate.

Questions the Court framed

#

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

  1. 1.Whether the Taxing Officer's Ruling and Certificate of Taxation dated 30 September 2024 should be set aside and the Bill of Costs taxed afresh
  2. 2.Whether the Respondent had an agreement on fees under section 45 of the Advocates Act barring the taxation
  3. 3.Whether judgment should be entered for the advocate on the Certificate of Taxation and whether interest at 14% per annum is payable

Key legal issues

#
01

Whether the Taxing Officer erred in proceeding to deliver her Ruling despite pending applications

Holding

No error - the 20 September 2024 Motion was overtaken by events for failure to prosecute, and the 25 September 2024 Motion to arrest the Ruling had not been paid for, so the Taxing Officer validly proceeded

Reasoning

The Respondent did not attend the taxation on 23 September 2024, rendering its Motion of 20 September 2024 overtaken by events. Its later Motion of 25 September 2024 to arrest the Ruling was brought to the Taxing Officer's attention, but she confirmed on the CTS system that no filing fees had been paid. A filing is complete only upon payment of fees, so the Taxing Officer committed no error in delivering her Ruling. No evidence of bias or technological failure was presented.

02

Whether there was an agreement on fees under section 45 of the Advocates Act

Holding

No enforceable agreement existed because the fee note relied on was signed only by the advocate

Reasoning

Section 45 permits an advocate and client to agree on remuneration, but such an agreement is valid and binding only if in writing and signed by the client or an authorised agent. The fee note relied on by the Respondent was authored and signed by the advocate alone and bore no signature from the Respondent or its agent. The Respondent also never annexed the alleged agreement before the Taxing Officer. The claim of a settled fee of Kshs 60,000/- therefore fails.

p. 5
03

Whether judgment should be entered on the Certificate of Taxation with interest at 14%

Holding

Judgment entered for the taxed sum of Kshs 236,995/- with interest at 14% from the date of taxation

Reasoning

Having found no basis for setting aside the Certificate of Taxation and no enforceable fee agreement, the Court allowed the advocate's amended Motion. Judgment was entered for the taxed amount with interest at 14% per annum running from the date of taxation, and the advocate was awarded costs of the Motion.

p. 5

Legal principles established

#
  • A filing is only complete and available for consideration by a court upon payment of the filing fees
  • A fee agreement is enforceable under section 45 of the Advocates Act only if in writing and signed by the client or its duly authorised agent

Court orders

#
  1. 1.The Summons dated 8 October 2024 is dismissed with costs
  2. 2.The Amended Motion dated 29 October 2024 is allowed on terms
  3. 3.Judgment is entered for the advocate against the Respondent in the sum of Kshs 236,995/-
  4. 4.The Respondent to pay interest on the costs at 14% from the date of taxation
  5. 5.The advocate to have costs of the Motion

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Advocates Act, Civil Procedure Act and Advocates (Remuneration) Order - reference against a Taxing Officer's ruling and suit for judgment on a Certificate of Taxation

Relief refused

#

Setting aside the Taxing Officer's Ruling of 30 September 2024 and fresh taxation of the Bill of Costs dated 8 August 2024

The Respondent failed to show an error of principle or denial of a hearing; an unpaid filing is not available for consideration and there was no signed fee agreement

p. 4

Objection to the Certificate of Costs on the ground of retainer dispute and a settled fee agreement

The fee note relied on was signed only by the advocate and bore no signature of the Respondent or its authorised agent

p. 5

Costs

The Summons dismissed with costs to the advocate; the advocate to have costs of the Motion.

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.

The Summons dated 8 October 2024 is without merit and is dismissed with costs.
p. 5dismissal of the Summons to set aside taxation
The Amended Motion dated 29 October 2024 is allowed on terms:
p. 5allowance of the advocate's Motion
That judgment is entered for the advocate against the Respondent in the sum of Kshs 236,995/-.
p. 5judgment on Certificate of Taxation
The Respondent to pay interest on the costs at 14% from the date of taxation.
p. 5interest on taxed costs
The Taxing Officer cannot be blamed for declining to consider an application which had not been paid since a filing is only complete and available for consideration by a Court upon payment of the filing fees.
effect of non-payment of filing fees
For purposes of the Advocates Act, the Respondent did not have an enforceable agreement on legal fees and the Court so finds.
p. 5section 45 fee agreement requirement

Issues in the judgment

#
minor

The date of filing of the Summons is given inconsistently as 8 October 2024 in the orders while the narrative says the Respondent filed a Chamber Summons on 15 October 2024

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "V Chokaa & Co Advocates v Roy Hauliers Limited (Miscellaneous Application E232 of 2024) [2025] KEELRC 581 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/581/eng@2025-02-27

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