Masore Nyang’au & Co Advocates v Supplies And Services Limited (Environment and Land Miscellaneous Application 122 of 2016) [2022] KEELC 3993 (KLR)
The bottom line
#A Kenyan court ordered a client to pay its advocate Kshs 2.9 million in taxed legal fees plus 14% interest, after the client failed to challenge the taxation for five years.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered for the taxed sum under section 51(2) of the Advocates Act
Judgment entered for Kshs 2,912,907.16 with 14% interest from February 8, 2017.
The bill of costs was taxed by ruling dated February 8, 2017 and a certificate of taxation issued on April 5, 2019. Five years had lapsed with no appeal, review or active stay of the taxation, no contest on retainer, and no mention of deposits in prior proceedings. The pending High Court suit cited by the respondent was scantily particularised and no stay had been sought in it. In terms of section 51(2), the application was allowed.
Whether the pendency of Miscellaneous Application No. E249 of 2021 (O.S) bars entry of judgment
It does not; no stay had been sought in that case and its particulars were scanty.
The respondent argued the taxed sum was subject of a pending High Court matter referred to mediation. The court noted no stay had been sought in that case, the particulars were scanty, and the respondent filed no pleadings or submissions to substantiate the claim. The mediation process had, in any event, expired without resolution.
Legal principles established
#- Where a certificate of taxation remains unaltered, with no appeal, review or stay, and retainer is not disputed, judgment may be entered in favour of the advocate under section 51(2) of the Advocates Act.
- A claim for deposits paid to an advocate that was not raised before the taxing officer cannot be raised after taxation, as it would amount to a cross suit.
Court orders
#- 1.Judgment entered in favour of the applicant against the respondent in the sum of Kshs 2,912,907.16 as per the Certificate of Taxation with interest thereon at 14% from February 8, 2017 until payment in full
- 2.The respondent to pay costs of the application
- Jurisdiction invoked
- Section 51(2) of the Advocates Act (Rev 2012) and Rule 11 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masore Nyang’au & Co Advocates v Supplies And Services Limited (Environment and Land Miscellaneous Application 122 of 2016) [2022] KEELC 3993 (KLR)", Case Analysis (2022). (not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3993/eng@2022-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.