Mbiyu Mwaura v Thomas Ngarachu Ngugi & 5 others [2021] KEELC 794 (KLR)
The bottom line
#A Kenyan court dismissed an advocate's challenge to a taxed bill of costs because he filed his objection late without following mandatory procedural rules.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over taxation references
The Court has jurisdiction over costs under Section 13(7) of the ELC Act
The Respondents objected to jurisdiction, but the Court held Section 13(7) empowers it to grant any relief including costs, read with sub-section 4, so it could determine issues on costs.
Compliance with Rule 11 procedure and timelines
The Applicant failed to file a proper reference within 14 days and gave no plausible reason for the delay
Rule 11 requires notice within 14 days and an application within 14 days of reasons. Counsel was present at delivery of the ruling on 14th June 2021; the application was filed 23 days later. No evidence of attempts to obtain a certified copy was given, and rules of procedure cannot be overridden by Article 159.
Whether the Taxing Master erred in principle in valuing the subject matter
The Taxing Master rightly found the Plaint disclosed no value of the subject matter; submissions cannot supply the value
The suit was not a monetary claim and the Plaint did not state a value. Submissions are not pleadings or evidence, and the Applicant did not explain the basis of the suggested figure. The 2014 Remuneration Order could not apply since instructions were given on 11th June 2013.
Legal principles established
#- The ELC has jurisdiction to determine issues on costs under Section 13 of the ELC Act
- A party objecting to a taxing master's decision must comply with the mandatory procedure in Rule 11 of the Advocates Remuneration Order
- Submissions do not constitute pleadings or evidence for ascertaining the value of subject matter
- Delay even for a day is delay and must be explained
Court orders
#- 1.The Applicant's Chamber Summons Application dated 7th July 2021 is dismissed entirely with costs to the Respondents
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbiyu Mwaura v Thomas Ngarachu Ngugi & 5 others [2021] KEELC 794 (KLR)", Case Analysis (2021). Chamber Summons Application dated 7th July 2021, Murang'a. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/794/eng@2021-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.