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ELCAllowedEnvironment and Land Miscellaneous Application E003 of 2021· [2023] KEELC 16449 (KLR)

Mwangangi & Co Advocates v Kakenyi

Environment and Land Court
20 March 2023
COChristine Ochieng
805 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court confirmed that advocates need a judge's permission before appealing decisions on disputed legal fees, and granted that permission here.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Machakos (Christine Ochieng, J) determined a Chamber Summons dated 4 August 2022 brought by Mwangangi & Co Advocates under Rule 11(3) of the Advocates (Remuneration) Order and sections 1A, 1B and 3A of the Civil Procedure Act. The applicant sought leave to appeal to the Court of Appeal against a ruling delivered on 25 July 2022, which had determined an objection to the taxing master's decision on Item No. 1 of the advocate's Bill of Costs arising from legal services rendered in 2018 for registration of the respondent's title. The applicant contended that an appeal from a ruling on a reference lies only with leave, that it had acted without undue delay, and that it would suffer prejudice as its fees remain unpaid. The respondent filed no response or submissions. The court framed a single issue: whether the applicant was entitled to leave to appeal. Relying on Rule 11(3), which permits an appeal from a judge's determination of an objection only with leave, and associating itself with the Court of Appeal's decision in Najib Balala v Githere, the judge exercised her discretion in the applicant's favour, noting the absence of delay, the lack of opposition, and the annexed draft memorandum of appeal. The application was allowed with costs in the cause.

Key legal issues

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01

Whether leave to appeal to the Court of Appeal should be granted against the ruling of 25 July 2022 on a reference against a taxing master's decision

Holding

Leave was granted; the application was brought without undue delay, was unopposed, and was supported by a draft memorandum of appeal.

Reasoning

The court applied Rule 11(3) of the Advocates (Remuneration) Order, which permits an appeal from a judge's determination of an objection only with leave. Noting the absence of delay, the respondent's non-opposition, and the annexed draft memorandum of appeal, and associating itself with the Najib Balala decision, the judge exercised discretion in favour of the applicant.

p. 2

Legal principles established

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  • An appeal to the Court of Appeal from a judge's determination of an objection under the Advocates (Remuneration) Order lies only with leave of the Judge under Rule 11(3).

Court orders

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  1. 1.Leave granted to the Applicant to file an Appeal to the Court of Appeal against the Ruling delivered at Machakos on July 25, 2022
  2. 2.Costs of the application to be in the cause

Authorities

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Legislation

  • Advocates (Remuneration) OrderRule 11(3)
  • Civil Procedure Actsections 1A, 1B and 3A

Cases cited (1)

  • Najib Balala & 13 others v David M Githere & 9 others
    (2005) eKLR

    That an appeal from a judge's determination of an objection under Rule 11(3) lies only with leave of the Judge.

Jurisdiction invoked
Rule 11(3) of the Advocates (Remuneration) Order and sections 1A, 1B and 3A of the Civil Procedure Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mwangangi & Co Advocates v Kakenyi", Case Analysis (2023). Environment and Land Miscellaneous Application E003 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16449/eng@2023-03-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.