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ELCDismissed· [2024] KEELC 4077 (KLR)

Kirimi v Gitangata (Environment & Land Miscellaneous Case E004 of 2024) [2024] KEELC 4077 (KLR)

High Court of Kenya
15 May 2024
634 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This was an application in the High Court at Meru, decided by C K Nzili J on 15 May 2024, in which the applicant sought extension of time to file a reference against a taxing master's decision of 19 October 2023 made exparte, together with a stay of its execution pending filing and hearing of the reference. The applicant contended that the bill was taxed without compliance with the rules on taxation, that no reasons had been given, that execution had been initiated (evidenced by warrants of attachment dated 19 December 2023 and an auctioneer's fee note dated 27 January 2024), and that the sum taxed was excessive given the subject matter was a consolidated petition. The application was opposed by grounds of opposition dated 28 February 2024. The court noted that under paragraph 11(1) of the Advocates Remuneration Order a reference must be filed within 14 days, and that extension of time is discretionary, guided by the Salat principles: reasons for delay, length of delay, prejudice, public importance and the interests of justice. For stay, the applicable principles are timeliness, demonstration of substantial loss, offer of security and the interests of justice. The court found the application deficient: the decision and certificate of costs were not annexed, no letter seeking reasons was exhibited, the delay was unexplained, no substantial loss or security was demonstrated, no objection to the bill was disclosed, and no draft reference was attached to show prima facie merits. The application was dismissed with costs.

Key legal issues

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01

Extension of time to file a reference against a taxing master's decision

Holding

Refused; the applicant failed to explain the delay and did not annex the decision, certificate of costs, letter requesting reasons, or a draft reference to demonstrate merits

Reasoning

The court applied the Salat principles: reasons for delay, length of delay, prejudice, public importance and interests of justice. The applicant annexed neither the decision nor the certificate of costs, no letter seeking reasons or copy of the ruling, and no draft reference was attached from which the prima facie merits could be assessed. Allegations of diligence before the taxing master were unsubstantiated.

p. 1
02

Stay of execution of the taxed costs

Holding

Refused; no substantial loss demonstrated, no security offered, and delay in applying unexplained

Reasoning

Applying the RWW vs EKW principles, the court held that stay preserves the subject matter so the applicant may pursue the right to be heard, but must be balanced against the successful party's right to enjoy the fruits of litigation. The applicant did not suggest the respondent could not refund the costs, did not explain the delay, did not show efforts to pay, and offered no security.

p. 2

Legal principles established

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  • Extension of time is a discretionary power exercised on consideration of the reasons for the delay, the period of the delay, the degree of prejudice to the opposite party, the public importance of the matter, and the interests of justice.
  • Stay of execution is granted on consideration of timeliness, demonstration of substantial loss, offer of security, and the interests of justice.
  • A party seeking to challenge a taxed bill must file a reference within 14 days under paragraph 11(1) of the Advocates Remuneration Order.

Court orders

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  1. 1.The application is dismissed with costs

Authorities

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Legislation

  • Advocates Remuneration OrderParagraph 11(1)

Cases cited (2)

  • Nicholas Arap Korir Salat vs Independent Electoral & Boundaries Commission
    (2014) eKLR
  • RWW vs EKW
    (2019) eKLR
Jurisdiction invoked
Inherent discretion to extend time under paragraph 11(1) of the Advocates Remuneration Order and stay of execution

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, "Kirimi v Gitangata (Environment & Land Miscellaneous Case E004 of 2024) [2024] KEELC 4077 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4077/eng@2024-05-15

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