Thomas K’bahati t/a K’bahati & Co. Advocates v Janendra Raichand Shah [2018] KEELC 1912 (KLR)
The bottom line
#Kenya's High Court confirmed you can still challenge an advocate's taxed bill after 14 days, but only if your delay is excusable and you put up money.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court may extend time for filing a reference under the Advocates Remuneration Order despite expiry of the 14-day period
Yes; the Court has discretion under paragraph 11(4) to enlarge time notwithstanding expiry, and the Applicant's delay was excusable as he awaited the Taxing Master's response to his objection
The Court found the Applicant filed a notice of objection about 12 days after the decision, seeking reasons from the Taxing Master, and there was no evidence of any response. The Court therefore held the Applicant was diligent in seeking expeditious determination of the taxation dispute and had given sufficient reasons for enlargement of time.
Whether the Court may stay execution of the certificate of costs pending hearing of the reference
Yes; because taxation of costs forms part of the execution process, a stay was granted on terms, conditional on deposit of half the taxed costs in a joint interest-earning account
The Court accepted that taxation of costs is part of the execution process. Balancing the interests of justice and the Respondent's entitlement to the fruits of his labour, it granted a conditional stay requiring deposit of half the taxed costs (Kshs. 4,079,433.48) in a joint interest-earning account within 14 days.
Legal principles established
#- The Court has discretion under paragraph 11(4) of the Advocates Remuneration Order to enlarge time for lodging a reference even after the 14-day period has expired, provided there is no inexcusable delay.
- In exercising the discretion to extend time, the Court should consider whether there has been inexcusable delay in presenting the application.
- Taxation of costs is part of the execution process, justifying a stay pending a reference.
Court orders
#- 1.The Applicant is granted leave to file a reference against the decision of the Taxing Officer delivered on 28th April 2017
- 2.The Applicant shall within 14 days comply with subparagraph (2) of paragraph 11 of the Advocates Remuneration Order by filing a reference by Chamber Summons setting out his grounds of objection to the taxation of costs
- 3.Stay of execution of the certificate of costs dated 28th April 2017 pending hearing and determination of the reference, subject to deposit of half (1/2) of the taxed costs being Kshs. 4,079,433.48 in a joint interest-earning account in the names of the Advocates for both parties within fourteen (14) days
- 4.The Applicant to pay the costs of the application to the Respondent for failure to comply with the reference provisions of paragraph 11
- Jurisdiction invoked
- Paragraph 11(4) of the Advocates Remuneration Order 2009
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thomas K’bahati t/a K’bahati & Co. Advocates v Janendra Raichand Shah [2018] KEELC 1912 (KLR)", Case Analysis (2018). Chamber Summons dated 19th July 2017 (Mombasa High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1912/eng@2018-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.