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ELCDismissedChamber Summonses dated 11th December, 2014· [2016] KEELC 1153 (KLR)

Carol Silcock v Kassim Sharif Mohamed [2016] KEELC 1153 (KLR)

High Court of Kenya
19 February 2016
848 words in judgment
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The bottom line

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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

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Executive summary

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The Plaintiff filed a Chamber Summons dated 11th December 2014 objecting to the Taxing Master's ruling of 10th September 2014 on items 1, 5, 35 and 36 of a Party and Party Bill of Costs, contending that the Taxing Master erred in principle by taxing instruction fees below the Respondent's submissions despite a subject matter valued at over Kshs.13,000,000. The Respondent opposed, arguing the Bill was defective, the application incompetent for want of a statutory notice of objection, and that no error in principle was demonstrated. The court found that the firm of Richard O. & Co. Advocates filed the Bill on 29th August 2013 claiming Kshs.1,052,500 for instructions to claim specific performance of a sale of land portion No. 39 Watamu. It held that the reference was incompetent: the Applicant had not requested the Taxing Officer's reasons within 14 days as required by Rule 11(1), the letter of 14th July 2014 relied upon predated the hearing of the Bill, and the reference was filed well outside the 14-day window in Rule 11(2). The court also declined to entertain the Respondent's argument that the current advocates were not entitled to instruction fees, since the issue was not raised before the Taxing Officer and no cross-reference was filed. The reference was dismissed with costs.

Key legal issues

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01

Compliance with Rule 11(1) of the Advocates (Remuneration) Order

Holding

The Applicant did not request the Taxing Officer's reasons within 14 days; the letter relied on predated the ruling.

Reasoning

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.

p. 2
02

Timeliness of the reference under Rule 11(2)

Holding

The reference, filed 11th December 2014, was outside the 14-day period.

Reasoning

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.

p. 2
03

Respondent's objection to entitlement to instruction fees

Holding

Declined to entertain as new matter not raised before the Taxing Officer and no cross-reference filed.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The Application dated 11th December, 2014 is dismissed with costs

Authorities

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Legislation

  • Advocates (Remuneration) OrderRule 11(1)
  • Advocates (Remuneration) OrderRule 11(2)
Jurisdiction invoked
Rule 11 of the Advocates (Remuneration) Order - reference against a Taxing Master's decision

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, "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.