Chohan v Mbandu & another (Civil Appeal (Application) E221 of 2023) [2026] KECA 832 (KLR)
The bottom line
#The Court of Appeal dismissed a challenge to legal fees because it was filed late, confirming Kenya's seven-day deadline for fee references is strict.
What this practically means
#Executive summary
#Key legal issues
#Whether rule 117(4)'s seven-day timeline for a reference is mandatory
The word 'may' in rule 117(4) governs only the form of the application; the seven-day period is statutory and its breach, absent leave, renders the reference incompetent.
The court construed rule 117(4) purposively and literally: the permissive 'may' relates to whether the application is made informally at taxation or in writing. The seven-day filing period, by contrast, is a statutory limit on the right to have a taxation reviewed. A litigant who misses it does not lose the right irretrievably, but must formally seek extension of time under rule 4 before pursuing the reference. No such leave was sought here, so the reference was incompetent ab initio and had to be dismissed.
The court's jurisdiction over an out-of-time reference
Jurisdiction flows from compliance with the procedural law; a reference filed outside the prescribed period without leave divests the court of jurisdiction to entertain it on the merits.
Relying on the respondent's submission that jurisdiction flows from compliance with the law and that a specific procedural timeline must be strictly observed, the court accepted that the reference, filed 5th November 2025 against a ruling of 16th October 2025 with no extension obtained, was incurably defective. The merits of the complaint about the Kshs. 400,000 instruction fee were therefore never determined, and the taxing officer's decision stands unvaried.
Legal principles established
#- The seven-day period in rule 117(4) for filing a reference from a taxing officer's decision is statutory and mandatory; only the form of the application (informal at taxation or in writing) is permissive, and a reference filed out of time without leave under rule 4 is incompetent.
- A party wishing to pursue a reference out of time must first obtain a formal extension of time under rule 4 of the Court of Appeal Rules; the court cannot entertain an untimely reference without such leave.
Court orders
#- 1.The reference filed out of time without a formal extension of time is rendered incompetent and is dismissed with costs to the respondent
- On appeal from
- High Court of Kenya (Taxing Officer, Court of Appeal Registry, Kisumu)
- Not stated
- Jurisdiction invoked
- Rule 117(1) of the Court of Appeal Rules, 2022 - reference from a decision of the Registrar sitting as taxing officer to a Judge of the Court of Appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chohan v Mbandu & another (Civil Appeal (Application) E221 of 2023) [2026] KECA 832 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/832/eng@2026-04-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.