S M Kibira t/a Muteithia Kibira Advocates v Prodigy Properties Limited [2017] KEELC 346 (KLR)
The bottom line
#The High Court confirmed that an advocate cannot bill fees under the Advocates (Remuneration) Order without proving a retainer with the party being charged.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxing master erred in striking out the Applicant's bill of costs for want of a retainer
The application was dismissed; the taxing master applied the correct principles in finding no retainer between the Applicant and the Respondent, since the Applicant acted for Co-operative Bank.
The court found that the taxing master considered the relevant facts: there was no retainer agreement between the Applicant and the Respondent; the Respondent had its own advocates (Kimondo Gachoka & Co. Advocates); and the Applicant was instructed by and acted for Co-operative Bank in preparing the partial discharges of charge. On the settled test for interference with a taxing officer's discretion, no error of principle, failure to consider relevant factors, or miscarriage of justice was established.
Legal principles established
#- A court cannot interfere with a taxing officer's decision unless it is shown that the decision was based on an error of principle or that the fee awarded was manifestly excessive as to justify a conclusion that it was based on an error of principle.
Court orders
#- 1.The application dated 31/7/2014 is dismissed with costs to the Respondent
- On appeal from
- Taxing Master (Deputy Registrar)
- Bill of costs dated 3rd February 2014
- Jurisdiction invoked
- Reference against the taxing master's ruling under the Advocates Act and Advocates (Remuneration) Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "S M Kibira t/a Muteithia Kibira Advocates v Prodigy Properties Limited [2017] KEELC 346 (KLR)", Case Analysis (2017). Application dated 31/7/2014 (chamber summons seeking to set aside taxing master's ruling of 17/7/2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/346/eng@2017-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.