Muri Mwaniki and Wamiti Advocates v Kifile Dache Gubo & another [2021] KEELC 3313 (KLR)
The bottom line
#Kenya's High Court ruled that a taxing officer cannot strike out a lawyer's bill of costs for missing documents without first asking the lawyer to supply them.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxing officer erred in striking out the bill of costs for want of supporting documents
Yes - the taxing officer misdirected herself as a further affidavit with exhibits was on record
The record before the taxing officer contained a further affidavit sworn on 22/7/2016 and filed on 25/7/2016 annexing a bundle of no less than 6 exhibits including correspondence. The impugned ruling made no reference to these documents, suggesting they escaped the taxing officer's attention, resulting in an error of jurisdiction.
Whether the proper remedy was striking out the bill rather than demanding documents
No - the taxing officer should have requested additional specified documents
Paragraph 13A and Paragraph 74 of the Advocates (Remuneration) Order empower a taxing officer to demand production of relevant documents. Striking out the bill without any prior request to the advocate to supply documents was an error; the court should have invited the advocate to avail additional specified documents.
Whether the disputed client-advocate relationship should be resolved by the High Court
No - it remains an issue for the taxing officer
The 1st respondent disputed the existence of a client-advocate relationship in submissions before the court. The judge held this is a matter within the taxing officer's jurisdiction under the Advocates (Remuneration) Order 1962 and not for determination on the reference.
Legal principles established
#- If a taxing officer finds documents inadequate for taxation, she should invite the advocate to avail additional specified documents rather than strike out the bill of costs
- Disputed existence of a client-advocate relationship is an issue for determination by the taxing officer
Court orders
#- 1.Set aside the taxing officer's ruling dated 13/6/2018 in its entirety
- 2.Directed that the advocate's bill of costs dated 5/4/2016 together with any emerging issues thereon be considered by the taxing officer in accordance with the law
- 3.No order as to costs of the present application
- On appeal from
- null
- null
- Jurisdiction invoked
- Paragraph 11(2) of the Advocates (Remuneration) Order 1962
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muri Mwaniki and Wamiti Advocates v Kifile Dache Gubo & another [2021] KEELC 3313 (KLR)", Case Analysis (2021). Chamber Summons application dated 3/12/2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3313/eng@2021-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.