Kemboy Law Advocates v Narok County Government (Environment and Land Miscellaneous Application E017 of 2023) [2024] KEELC 3365 (KLR)
The bottom line
#The Environment and Land Court in Kilgoris ruled it has no power to interrupt an ongoing advocate-client fee taxation; only the Taxing Officer handles such matters.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to entertain an application to extend time to respond to a pending Bill of Costs
The court lacks jurisdiction; taxation issues are reserved to the Taxing Officer unless a reference is filed
Relying on Owners of the Motor Vessel 'Lillian S', Sharma v Uhuru Highway Development Limited, Donholm Rahisi Stores and Kangethe & Mola Advocates, the court held that taxation is a special jurisdiction reserved to the Taxing Officer under the Advocates (Remuneration) Order. A judge may intervene only on a reference under Rule 11 or after taxation is complete. The application sought to interfere with pending taxation, so the court could not hear it.
Legal principles established
#- In matters of taxation, the Taxing Officer is properly clothed with jurisdiction to deal with issues arising during taxation proceedings; a court's powers arise only after the decision on taxation is made
Court orders
#- 1.The Notice of Motion Application dated 13th February, 2024 is struck out
- 2.Costs of the application to the advocate/respondent
- Jurisdiction invoked
- Articles 159 and 50 of the Constitution of Kenya; Sections 1A, 1B, 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules (application as filed, jurisdiction contested under the Advocates Act and Advocates (Remuneration) Order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboy Law Advocates v Narok County Government (Environment and Land Miscellaneous Application E017 of 2023) [2024] KEELC 3365 (KLR)", Case Analysis (2024). Notice of Motion Application dated 13th February, 2024 (ELC Kilgoris). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3365/eng@2024-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.