Kemboy Law Advocates v Narok County Government; Sakau & 5 others (Interested Parties) (Environment and Land Miscellaneous Application E019 of 2023) [2024] KEELC 3366 (KLR)
The bottom line
#A Kenyan court struck out a county government's application because only the Taxing Officer—not the judge—can decide disputes while a legal fee bill is still being taxed.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of a judge over applications arising during pending taxation
The court lacks jurisdiction; taxation matters belong to the Taxing Officer and the court may only intervene by way of reference under Rule 11 or after taxation is complete
Relying on Owners of the Motor Vessel 'Lillian S', Sharma, 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. Absent an appeal or reference under paragraphs 11(1) and 12, a judge cannot interfere with matters pending before the Taxing Officer; the application was therefore a nullity before the wrong forum.
Legal principles established
#- In matters of taxation, the Taxing Officer is properly clothed with jurisdiction over issues arising during taxation proceedings until taxation is complete; the court's powers arise only after the taxation decision.
Court orders
#- 1.The Notice of Motion Application dated 13th February, 2024 is struck out with costs to the advocate/respondent
- Jurisdiction invoked
- Articles 159 of the Constitution of Kenya; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboy Law Advocates v Narok County Government; Sakau & 5 others (Interested Parties) (Environment and Land Miscellaneous Application E019 of 2023) [2024] KEELC 3366 (KLR)", Case Analysis (2024). Notice of Motion Application dated 13th February 2024 (ELC, Kilgoris). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3366/eng@2024-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.