Republic v Land Adjudication Officer, Bondo, Siaya and Busia & 2 others; Lawi & another (Exparte Applicants); Gilo (Interested Party) (Environment and Land Miscellaneous.(Reference) Application 1 of 2023) [2024] KEELC 4386 (KLR)
The bottom line
#The Environment and Land Court in Siaya dismissed an attempt to challenge a taxed legal costs bill because the objection was filed six days late with no explanation for the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether time to object to a taxing officer's decision runs from the decision or from receipt of reasons, and whether extension of time should be granted
The obligation to object within 14 days runs from the taxing officer's decision under Paragraph 11(1); the applicants' objection was 6 days late with no reasons advanced, so extension of time was refused
The court held counsel overlooked Paragraph 11(1), which requires objection within fourteen days of the decision. The notice of objection was filed six days out of time and did not disclose the items objected to. Although Paragraph 11(4) confers discretion to enlarge time, the applicants advanced no reason for the delay and laboured under the mistaken belief that extension was a matter of right. Applying the NGO Coordination Board and Leo Sila Mutiso principles, the court found the burden of explaining the delay undischarged and declined to enlarge time, rendering the remaining issues moot.
Legal principles established
#- Extension of time under Paragraph 11(4) of the Advocates (Remuneration) Order is a discretionary equitable remedy requiring the applicant to lay a satisfactory basis and explain the delay; an objection under Paragraph 11(1) must be lodged within 14 days of the taxing officer's decision
Court orders
#- 1.The chamber summons dated 2/11/2023 is dismissed with costs to the interested party
- On appeal from
- Taxing Master (ruling of Hon. Lester Simiyu)
- ELC JR E003 of 2021
- Jurisdiction invoked
- Paragraphs 11(2) and 11(4) of the Advocates (Remuneration) Order; Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Adjudication Officer, Bondo, Siaya and Busia & 2 others; Lawi & another (Exparte Applicants); Gilo (Interested Party) (Environment and Land Miscellaneous.(Reference) Application 1 of 2023) [2024] KEELC 4386 (KLR)", Case Analysis (2024). ELC JR E003 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4386/eng@2024-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.