Githinji, Kimamo & Company Advocates v Endmor Steel Millers Ltd [2021] KEELC 823 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the certificate of taxation of 12th June 2018 remains unaltered and valid
The certificate remains valid and lawful as no notice of objection to taxation was filed and the application for extension of time to file a reference was dismissed
Rule 11 of the Advocates Remuneration Order 2009 required the client to file a notice of objection within 14 days specifying the items objected to. No such notice was ever issued, filed or served, so the right to challenge lapsed. The client's subsequent application for extension of time to file a reference was dismissed on 8th December 2020, extinguishing the only avenue for challenging the certificate. The certificate of taxation therefore remains valid and has never been altered, varied, rescinded or set aside.
Whether judgment may be entered on the certificate of taxation
Yes; there is no dispute as to retainer, so no bar exists to entry of judgment under section 51(2) of the Advocates Act
The only existing bar to entry of judgment on a certificate of taxation is a dispute as to the retainer, which must be raised when the bill is presented for taxation so the Deputy Registrar can refer it to the court. No dispute as to retainer was raised and no reference was ever filed. Therefore the conditions under section 51(2) of the Advocates Act were satisfied and judgment in the taxed sum with interest was merited.
Legal principles established
#- A client who does not file a notice of objection to taxation within 14 days loses the right to challenge the certificate of taxation
- A retainer dispute is the only bar to entry of judgment on a certificate of taxation; absent such a dispute judgment under section 51(2) of the Advocates Act may be entered
Court orders
#- 1.The Notice of Motion Application dated the 5th February 2019 is allowed as prayed
- 2.Judgment entered for the Applicant against the Respondent for Kshs.5,759,508.26 with interest at 14% per annum from 5th July 2018 until payment in full, with liberty to execute
- 3.Costs of the Application assessed and certified at Kshs.15,000/= to be borne by the Client/Respondent
- Jurisdiction invoked
- Section 51(2) of the Advocates Act, Chapter 16, Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Githinji, Kimamo & Company Advocates v Endmor Steel Millers Ltd [2021] KEELC 823 (KLR)", Case Analysis (2021). Application dated 5th February 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/823/eng@2021-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.