Chege Kamau Advocates v County Government of Bomet
The bottom line
#The Court of Appeal dismissed an application to file a taxation reference out of time, ruling it unnecessary because the applicant claimed he had already objected within the deadline.
What this practically means
#Executive summary
#Key legal issues
#Governing framework for references against taxing decisions of the Registrar
Taxation of costs ordered by the Court of Appeal is governed by Part V of the Court of Appeal Rules, specifically rule 117, not the Advocates Remuneration Order
The court set out rule 117 in full, including the seven-day window for an informal or written reference and the categories of decisions deemed to involve matters of principle. The applicant mistakenly invoked the Advocates Remuneration Order regime, which requires reasons to be requested before a reference; that requirement does not apply under the Court of Appeal Rules.
Whether extension of time was needed
Since the applicant asserted that he objected to the taxation within time, the extension-of-time application was superfluous and dismissed
The applicant maintained that he filed an objection and a request for reasons within 13 days of the ruling. If that assertion is correct, his reference was lodged in time and no extension was needed; the application therefore defeated itself and was dismissed without costs.
Legal principles established
#- Under the Court of Appeal Rules, unlike the Advocates Remuneration Order, there is no requirement for reasons and for a chamber summons application when seeking a reference against a taxing decision
Court orders
#- 1.The application dated 3rd December 2024 seeking leave to file an objection and taxation reference out of time is dismissed
- 2.No order as to costs
- On appeal from
- Court of Appeal of Kenya (Deputy Registrar, Taxing Officer)
- Civil Appeal No. 32 of 2016
- Jurisdiction invoked
- Section 4 of the Appellate Jurisdiction Act (invoked by applicant) and Rule 117 of the Court of Appeal Rules; inherent discretionary extension-of-time jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chege Kamau Advocates v County Government of Bomet", Case Analysis (2025). Civil Appeal No. 32 of 2016 (application dated 3rd December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/836/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.