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ELCDismissed· [2020] KEELC 102 (KLR)

Githinji Kimamo & Company Advocates v Endmor Steel Millers Ltd [2020] KEELC 102 (KLR)

High Court of Kenya
8 December 2020
KBK. Bor
1,187 words in judgment
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The bottom line

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The High Court refused a client's late challenge to an advocate's taxed legal fees, ruling an unexplained two-year delay forfeits the right to object.

What this practically means

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Executive summary

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The Respondent/Client brought an application dated 23/01/2020 seeking enlargement of time to file a reference against the taxing officer's decision of 12/06/2018, deeming of the out-of-time reference as properly filed, stay of execution of the certificate of taxation dated 12/10/2018, and costs. The Respondent explained the delay by claiming it was waiting for a copy of the ruling and reasons on the taxed advocate-client bill of costs. The Advocate/Applicant opposed through the affidavit of James Murimi Githinji, showing the Respondent was served with notice of the ruling date, was notified of the taxed bill by email, engaged in out-of-court negotiations, issued cheques towards the taxed bill which bounced, and only filed the application almost two years later. The application was canvassed by written submissions, the Respondent offering security and asserting an arguable reference, while the Applicant relied on paragraph 11 of the Advocates Remuneration Order, which requires a reference within 14 days, and submitted there was no basis laid for the delay. The court, K. Bor J, framed one issue: whether the Respondent deserved extension of time. It found the Respondent knew of the ruling date and the taxed bill, made no effort to follow up the ruling or reasons, and that its delay of almost two years was inordinate and the application an afterthought, particularly as it had issued cheques towards the taxed bill and filed grounds of objection to enforcement. The application was dismissed with costs to the Applicant/Advocate.

Key legal issues

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01

Whether extension of time to file a reference out of time should be granted

Holding

Extension refused; the delay of almost two years was inordinate and unexplained

Reasoning

The court held that the discretion to enlarge time under paragraph 11 of the Advocates Remuneration Order must be exercised on established legal principles and that the applicant bears the burden of explaining the delay. The Respondent knew of the ruling date, having been served with notice, and was notified of the taxed bill, yet produced no evidence of any follow-up for the ruling or reasons. Its conduct, including issuing cheques towards the taxed bill and filing grounds of objection to enforcement, showed the application was an afterthought.

p. 2

Legal principles established

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  • A party seeking extension of time must demonstrate that it deserves the exercise of the court's discretion and explain the cause of the delay
  • Paragraph 11 of the Advocates Remuneration Order requires a reference to be filed within 14 days, subject to the court's discretion to enlarge time

Court orders

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  1. 1.The application dated 23/01/2020 is dismissed with costs to the Applicant/Advocate

Authorities

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Legislation

  • Advocates Remuneration OrderParagraph 11
Jurisdiction invoked
Discretion under paragraph 11 of the Advocates Remuneration Order to enlarge time for filing a reference against a taxing officer'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, "Githinji Kimamo & Company Advocates v Endmor Steel Millers Ltd [2020] KEELC 102 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/102/eng@2020-12-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.