Ramji & 2 others v Kenya Power and Lighting Company Limited (Environment & Land Case 109 'B' of 2015) [2024] KEELC 4609 (KLR)
The bottom line
#A Kenyan court excused a client's 43-day delay in challenging taxed costs because their advocate never told them of the decision, and briefly halted execution.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted to file a reference out of time against the Taxing Master's decision
Leave granted; the 43-day delay was not inordinate because the plaintiffs' erstwhile advocates failed to notify them of the taxation decision, and the defendant showed no prejudice
Under Rule 11 of the Advocates Remuneration Order the court has discretion to enlarge time even after expiry. Relying on Peter Julius Njoroge v Fidelity Commercial Bank Limited where a 45-day delay was found not inordinate, the court held that an advocate's failure to inform the client of the taxation outcome was a plausible explanation, and since the defendant demonstrated no prejudice, the delay was excused with 14 days to lodge the objection and reference.
Whether there should be a stay of execution of the Certificate of Costs
Temporary stay granted for fourteen days pending filing of the reference
Under Order 42 Rule 6(1), stay is discretionary and depends on substantial loss, absence of unreasonable delay and security. The record gave no indication the Decree was approved by both parties or that a demand notice issued before warrants. Since leave to file a reference had been granted, executing the certificate before the reference was determined would render it nugatory; hence a temporary 14-day stay was granted in the interest of justice.
Legal principles established
#- Failure by an advocate to inform a client of the outcome of taxation is a plausible reason for failing to lodge an objection to taxed costs within the stipulated fourteen days
- A certificate of costs is not an executable legal instrument; execution requires a decree
Court orders
#- 1.The Plaintiffs be and are hereby directed to file and serve the Reference within fourteen (14) days from the date hereof, failure of which the execution process will proceed
- 2.Costs will abide outcome of the reference
- 3.Temporary stay of execution of the Certificate of Costs for fourteen (14) days pending the filing of the reference (paragraph 17)
- Jurisdiction invoked
- Order 42 Rule 6(1) of the Civil Procedure Rules and Rule 11 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ramji & 2 others v Kenya Power and Lighting Company Limited (Environment & Land Case 109 'B' of 2015) [2024] KEELC 4609 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4609/eng@2024-06-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.