Nkama Group Ranch & 8 others v Jeremiah Ole Risa [2021] KEELC 2449 (KLR)
The bottom line
#A Kenyan court gave a client 14 more days to challenge a Kshs 4.3 million taxed costs bill, but refused to block its collection while the appeal continues.
What this practically means
#Executive summary
#Key legal issues
#Enlargement of time to file a reference against a taxing officer's decision
The 41-day delay was excused as not inordinate given the applicants' follow-up emails and non-response from the court registry
Clause 11(4) of the Advocates Remuneration Order empowers the court to enlarge time even after expiry. The applicants' counsel demonstrated through emails dated 31st March, 6th April and 19th April 2021 that they pursued the ruling before the objection period lapsed but received no response. Following Peter Julius Njoroge v Fidelity Commercial Bank (45-day delay held not inordinate), the court found a good reason for the failure and enlarged time, directing lodging of the objection and reference within 14 days.
Stay of execution of the Certificate of Costs pending appeal
Refused; the applicants failed to demonstrate substantial loss or offer security, and the application lay in the Court of Appeal
Under Order 42 Rule 6(2), an applicant must show substantial loss, absence of unreasonable delay, and provide security. The applicants did not demonstrate what loss the 1st Applicant (a Group Ranch) stood to suffer, offered no security, had already sought stay in the Court of Appeal in Civil Appeal No. E 416 of 2020 without disclosing the outcome, and having lodged an appeal, stay should have been sought there under Rule 5(2)(b) of the Appellate Jurisdiction Act.
Legal principles established
#- The Court has discretion under clause 11(4) of the Advocates Remuneration Order to enlarge time for filing an objection/reference even after expiry, and a delay of about 41-45 days with a reasonable explanation is not inordinate
- Where an appeal has been lodged in the Court of Appeal, an application for stay of execution pending that appeal should be made in the Court of Appeal under Rule 5(2)(b)
Court orders
#- 1.Time enlarged for the Applicants to file and serve the Application and Reference out of time from the Ruling of the Deputy Registrar delivered on 29th March, 2021
- 2.Applicants directed to lodge an objection as well as a Reference within 14 days from the date of the ruling
- 3.Notice of Motion dated 11th May, 2021 disallowed
- 4.Orders of stay of execution on costs earlier granted vacated
- 5.Respondent awarded the costs of the two applications
- Jurisdiction invoked
- Clause 11 of the Advocates Remuneration Order (power of the High Court to enlarge time) and Order 42 Rule 6(2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nkama Group Ranch & 8 others v Jeremiah Ole Risa [2021] KEELC 2449 (KLR)", Case Analysis (2021). ELC Miscellaneous Application (Chamber Summons dated 10th May, 2021 and Notice of Motion dated 11th May, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2449/eng@2021-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.