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ELCOtherMiscellaneous Application E015 of 2024· [2024] KEELC 4591 (KLR)

M'Ibeere v Marete & another

Environment and Land Court
5 June 2024
CNC K Nzili
178 words in judgment
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The bottom line

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The Environment and Land Court in Meru confirmed that once leave conditions are met, a costs reference goes to the Deputy Registrar for taxation.

What this practically means

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Executive summary

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This short direction of the Environment and Land Court at Meru, delivered by C K Nzili, J on 5 June 2024, arises from Miscellaneous Application E015 of 2024, brought under the Advocates Act, the Advocates' Remuneration Order and in the matter of a party and party bill of costs. Fredrick Muthamia M'Ibeere is the applicant and Evangeline Kajuju Marete and Simon Mugambi Marete are the respondents. The court recalls that by a ruling dated 20 March 2024 the applicant had been granted leave to file a reference under the Advocates' Remuneration Order within seven days. The only question on this occasion was the management of the reference now that the applicant had complied with that leave. The judge noted the applicant's compliance and directed that the Deputy Registrar of the court handle the reference, consistent with the ordinary allocation of taxation and references on advocates' bills of costs. No substantive rights were determined, no costs order was made, and no authorities were cited. The directions were dated, signed and delivered via Microsoft Teams/open court at Meru, with counsel and the court assistant recorded as present. The document is a procedural direction rather than a judgment disposing of a suit; it is noted for its record of the antecedent leave and the court's case-management direction on venue for the reference.

Key legal issues

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01

Handling of a reference under the Advocates' Remuneration Order after compliance with leave

Holding

Upon the applicant's compliance with the leave granted on 20.3.2024, the court directed the Deputy Registrar to handle the reference.

Reasoning

The ruling dated 20.3.2024 had granted the applicant leave to file a reference under the Advocates' Remuneration Order within seven days. The court noted that the applicant had complied with that leave. It therefore directed the Deputy Registrar of the court to handle the reference, this being the normal forum for taxation and references on party and party bills of costs.

p. 1

Legal principles established

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  • Once an applicant complies with conditions of leave to file a reference under the Advocates' Remuneration Order, the Deputy Registrar is directed to handle the reference.

Court orders

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  1. 1.The Deputy Registrar of the court to handle the reference filed pursuant to leave granted on 20.3.2024 under the Advocates' Remuneration Order
Jurisdiction invoked
Advocates Act and the Advocates' Remuneration Order (party and party bill of costs)

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, "M'Ibeere v Marete & another", Case Analysis (2024). Miscellaneous Application E015 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4591/eng@2024-06-05

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