Elijah Njuguna Njoki v Peter Muriu Njuguna & 4 others [2021] KEELC 201 (KLR)
The bottom line
#A Kenyan court confirmed that once a bill of costs is taxed and certified, it cannot be taxed again, and late objections to taxation will fail without strict compliance.
What this practically means
#Executive summary
#Key legal issues
#Whether the ruling of 24th June 2021 and the second Certificate of Costs should be set aside
The second Certificate of Costs dated 29th June 2021 was issued irregularly because the bill of costs dated 13th May 2019 had already been taxed and a certificate issued on 5th February 2021; the court became functus officio. The first certificate is valid and adopted as judgment; the second is expunged.
The court found two certificates of costs over the same bill. Having taxed the bill and issued the first certificate, the taxing court was functus officio. The first certificate had not been set aside, varied or altered, and the applicant had partly paid it, so could not resile from it. A purported re-taxation of an already taxed bill was therefore a nullity, warranting expungement of the second certificate.
Whether the reference against the bill of costs dated 28th May 2020 is merited
Dismissed. The applicant did not follow the mandatory Rule 11 procedure of giving notice within 14 days and filing the reference within 14 days of receipt of reasons, and offered no plausible explanation for the delay.
Rule 11 of the Advocates Remuneration Order sets out a mandatory sequence: notice of objection within 14 days, taxing officer's reasons, then a chamber summons reference within 14 days. Although rules are handmaidens of justice, the court, following Salat, declined to aid a party with scant respect for timelines. No evidence of steps taken to obtain the ruling or comply was presented, and the reference was filed a year late.
Who should bear the costs of the application
Both parties partially succeeded; each party to bear their own costs.
Section 27 of the Civil Procedure Act confers discretion on costs, with costs following the event unless special circumstances exist. Because the applicant succeeded in expunging the second certificate but failed on the reference over the bill dated 28th May 2020, both sides partially succeeded, and the just order was that each bear their own costs.
Legal principles established
#- Once a bill of costs has been taxed and a certificate of costs issued, the taxing court becomes functus officio and the certificate is final unless set aside, varied or altered
- A second taxation and certificate of costs over an already taxed bill is irregular and invalid
- Compliance with the procedure under Rule 11 of the Advocates Remuneration Order (notice within 14 days, reasons, then reference) is mandatory
Court orders
#- 1.The Certificate of Costs dated 5th February 2021 for Kshs. 189,350.00 is declared valid and adopted as a judgment of the Court
- 2.The Certificate of Costs dated 29th June 2021 for Kshs. 271,215.00 is declared invalid and expunged from the Court record
- 3.The reference in respect of the ruling on the bill of costs dated 28th May 2020 is dismissed
- 4.No orders as to costs
- Jurisdiction invoked
- Advocates Remuneration Order; Section 11 of the Advocates Act, Cap 16; Section 3A of the Civil Procedure Act; Article 159 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Amutavi v Kenya Electricity Transmission Company Ltd (Employment and Labour Relations Cause 858 of 2017) [2024] KEELRC 2714 (KLR)[2024] KEELRC 2714 (KLR)31 Oct 2024
- Noorani v Ochieng & another[2023] KEELC 19282 (KLR)27 Jul 2023applied
Cite this brief
#Cite this brief
Caselaw, "Elijah Njuguna Njoki v Peter Muriu Njuguna & 4 others [2021] KEELC 201 (KLR)", Case Analysis (2021). Not stated in judgment (Chamber Summons Application dated 16th July 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/201/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.