Kemboy Law Advocates v Narok County Government (Environment and Land Miscellaneous Application E020 of 2023) [2024] KEELC 3727 (KLR)
The bottom line
#A Kenyan judge refused to pause an advocate's Kshs. 7.3 million fee bill, ruling that only the Taxing Officer—not the High Court—handles issues during taxation.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of a judge over matters arising during pending taxation
The court lacks jurisdiction to entertain an application to extend time to respond to a Bill of Costs while taxation is pending; the Taxing Officer is competent to deal with such issues unless a reference under Rule 11 is filed.
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. A judge may intervene only on a reference from a taxation decision or in recovery of taxed costs, not while taxation is unfinished.
Legal principles established
#- In matters of taxation, the Taxing Officer is properly clothed with jurisdiction over issues arising during taxation proceedings, and the 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 with costs to the advocate/respondent.
- Jurisdiction invoked
- Articles 159 of the Constitution of Kenya; Sections 1A, 1B, 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules (invoked by the applicant, ultimately found lacking)
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 E020 of 2023) [2024] KEELC 3727 (KLR)", Case Analysis (2024). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3727/eng@2024-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.