Aldofo Guzzini & another v Chief Land Registrar & 3 others [2016] KEELC 319 (KLR)
The bottom line
#A Kenyan court struck out a lawyer's costs challenge because it was filed before the Taxing Officer supplied reasons, which is a mandatory first step.
What this practically means
#Executive summary
#Key legal issues
#Competency of a reference without the taxing master's reasons
The Reference was prematurely filed and struck out, though without costs because the applicant was not at fault
Clause 11(1) and (2) of the Advocates (Remuneration) Order, 2009 requires the taxing officer to record and forward reasons for the decision on objected items, after which the objector may apply to the Judge within fourteen days. The applicant's advocate requested reasons by a letter dated 27th November 2015, received in the registry on 8th December 2015, but the Taxing Officer never responded. Following Wanga & Co. Advocates v Busia Sugar Company Ltd (Sergon J), the court held that filing before reasons are given ousts the reference; yet, since the applicant was not to blame, the sanction was striking out without costs, coupled with a direction that the reasons be supplied.
Whether the instruction fees of Kshs.100,000 for items 1 and 2 were manifestly low
Not determined on the merits; the application was struck out on a threshold point
The applicant argued that the Taxing Master misdirected herself in awarding only Kshs.100,000 as instruction fees where the dispute concerned ownership of land valued at Kshs.12,500,000 by the Government Valuer, and claimed entitlement to getting up fees under the Advocates Remuneration Order, 2009. The respondents countered that the judicial review claim only concerned encroachment on L.R. No. 945 and not the whole of Kilifi/Jimba/1126, that getting up fees are not payable in judicial review applications, and that the claim was manifestly excessive. The court did not reach these merits.
Legal principles established
#- A reference against a taxing officer's decision cannot be filed before the taxing officer has furnished reasons for the decision; the requirement is mandatory
Court orders
#- 1.The Chamber Summons dated 25th January, 2016 and filed on 10th February, 2016 is struck out with no orders as to costs
- 2.The Taxing Officer to provide to the Applicant the reasons for her Ruling of 24th November, 2015
- Jurisdiction invoked
- Clause 11(1) and (2) of the Advocates (Remuneration) Order, 2009 - reference to the Judge against a Taxing Officer's decision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Aldofo Guzzini & another v Chief Land Registrar & 3 others [2016] KEELC 319 (KLR)", Case Analysis (2016). Chamber Summons dated 25th January, 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/319/eng@2016-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.