Carol Silcock v Kassim Sharif Mohamed [2016] KEELC 1153 (KLR)
The bottom line
#The High Court dismissed a challenge to taxed legal costs because the challenger missed strict 14-day deadlines under Kenya's Advocates (Remuneration) Order.
What this practically means
#Executive summary
#Key legal issues
#Compliance with Rule 11(1) of the Advocates (Remuneration) Order
The Applicant did not request the Taxing Officer's reasons within 14 days; the letter relied on predated the ruling.
The ruling was delivered on 10th September 2014 and the reference filed on 11th December 2014. The letter of 14th July 2014 asking for reasons was written before the Bill of Costs was heard, so it could not constitute a valid request for reasons. Without evidence of a timely request, the 14-day period under Rule 11(1) was not triggered.
Timeliness of the reference under Rule 11(2)
The reference, filed 11th December 2014, was outside the 14-day period.
Having failed to obtain reasons within the prescribed period, the Applicant could not extend the filing window. The three-month delay between the ruling and the reference breached Rule 11(2), rendering the application incompetent and bad in law.
Respondent's objection to entitlement to instruction fees
Declined to entertain as new matter not raised before the Taxing Officer and no cross-reference filed.
The Taxing Officer never addressed whether Richard O. & Co. Advocates was entitled to instruction fees, and the issue was not raised before her. A party cannot raise such an issue on a reference without a cross-reference; the court therefore declined to consider it.
Legal principles established
#- A reference under Rule 11 of the Advocates (Remuneration) Order requires that reasons for the taxation be requested within 14 days of the decision, and the reference be filed within 14 days of receipt of the reasons; non-compliance renders the reference incompetent.
Court orders
#- 1.The Application dated 11th December, 2014 is dismissed with costs
- Jurisdiction invoked
- Rule 11 of the Advocates (Remuneration) Order - reference against a Taxing Master's decision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Carol Silcock v Kassim Sharif Mohamed [2016] KEELC 1153 (KLR)", Case Analysis (2016). Chamber Summonses dated 11th December, 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1153/eng@2016-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.