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ELRCAllowedMiscellaneous Application E005 of 2026

Obiero t/a C Obiero & Associate Advocates v Migori County Assembly Service Board & another

Employment and Labour Relations Court of Kenya at Kisumu
21 September 2026
NMNzioki Wa Makau
746 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The Applicant, an advocate trading as C Obiero & Associates Advocates, moved the Employment and Labour Relations Court at Kisumu by application dated 4th June 2026 seeking conversion of a Certificate of Taxation issued on 26th May 2026 into a judgment and decree of the Court, with interest at court rates until payment in full. The Advocate-Client Bill of Costs dated 4th February 2026 had been taxed at Kshs. 479,682/- on 20th May 2026. The Respondents, Migori County Assembly Service Board and County Assembly of Migori, opposed through grounds of opposition and a replying affidavit, contending the application was premature because they had filed a Notice of Objection dated 2nd June 2026 and, under Rule 11(2) of the Advocates (Remuneration) Order, were entitled to reasons for the taxation decision within 14 days to enable them to lodge a reference. In rejoinder, the Applicant asserted the objection was not properly filed under Rule 10(2) and (5) of the ELRC (Procedure) Rules and the Electronic Case Management Practice Directions 2020, as the requisite payment was never made, evidenced by annexture CO-5A. The parties canvassed the application by written submissions on 30th July 2026. Holding that merely posting a document on the Judiciary e-filing portal without payment of court fees is mere 'putting' and confers no status as a filed document, the Court found no valid objection existed. Under section 51(2) of the Advocates Act, the Certificate of Costs remained valid and enforceable. The Court allowed the application, converting the certificate into a judgment and decree with interest at court rates, with costs to the Applicant.

Questions the Court framed

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

  1. 1.Whether the Respondents' Notice of Objection dated 2nd June 2026 was validly filed absent payment of requisite court fees
  2. 2.Whether the Certificate of Taxation issued on 26th May 2026 should be converted into a judgment and decree of the Court with interest

Key legal issues

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01

Status of a document uploaded to the e-filing portal without payment of court fees

Holding

Such a document is not a duly filed court document; the Notice of Objection was incompetent and of no effect.

Reasoning

The Court examined the status of the Notice of Objection on the Judiciary portal and the Applicant's evidence (annexture CO-5A) that no requisite payment was made. It held that filing requires payment of fees; uploading alone is mere 'putting' and confers no status on the document, so no competent objection existed.

p. 2
02

Enforceability of the Certificate of Taxation under section 51(2) of the Advocates Act

Holding

With no valid objection pending, the Certificate of Costs remains valid and enforceable and was properly converted into a judgment and decree with interest.

Reasoning

The Respondents' objection was incompetent for want of payment, so their Rule 11(2) argument about awaiting reasons for the decision fell away. The taxed costs of Kshs. 479,682/- were unchallenged, entitling the Applicant to judgment, decree and interest at court rates until payment in full.

p. 2

Legal principles established

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  • Posting a document on the Judiciary e-filing portal without payment of requisite court fees does not constitute valid filing; such a document has no legal status as a filed court document.
  • Where there is no valid objection to a taxed bill of costs, the Certificate of Costs remains valid and enforceable under section 51(2) of the Advocates Act and may be converted into a decree.

Court orders

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  1. 1.The Certificate of Taxation dated 26th May 2026 is converted into a judgment and decree of the Court
  2. 2.Interest at court rates until payment in full
  3. 3.The application is allowed with costs to the Applicant

The bench

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

NM
majority

Wrote the judgment

Jurisdiction invoked
Section 51(2) of the Advocates Act; Employment and Labour Relations Court (Procedure) Rules

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.

merely posting a document on the Judiciary e-filing portal without requisite payment of court fees is merely pung. There is no validly filed Notice of Objection to taxation.
p. 2Effect of non-payment of court fees on e-filing
There being no objection to the bill of costs, pursuant to section 51(2) of the Advocates Act, the Certificate of Costs the Applicant seeks to convert into a decree of this Court remains valid and enforceable.
p. 2Conversion of Certificate of Taxation into decree
In the premises the motion by the Applicant is for grant. It is allowed with costs to the Applicant.
p. 2Final orders

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, "Obiero t/a C Obiero & Associate Advocates v Migori County Assembly Service Board & another", Case Analysis (2026). Miscellaneous Application E005 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2463/eng@2026-09-21

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