Lubulellah & Associates v Gilbi Construction Company Limited (Environment and Land Miscellaneous Application E158, E159, E160, E161, E162, E163, E164 & E165 of 2023 (Consolidated)) [2024] KEELC 5234 (KLR)
The bottom line
#A Kenyan court struck out a law firm's fee challenge because it filed too early—before receiving the taxing officer's written reasons.
What this practically means
#Executive summary
#Key legal issues
#Whether the reference was properly before the court under Paragraph 11 of the Advocates Remuneration Order
The reference was incompetent because it was filed prematurely, before the reasons of the Taxing Master were furnished following the notice of objection.
The court reviewed divergent authorities. It held that where a ruling is self-contained, a reference must be filed within 14 days; but where an objector seeks further reasons in writing, he is bound to wait for them. If the taxing master fails to furnish reasons after the 14-day period, the proper course is to apply for extension of time under paragraph 11(4). Filing the reference while the request for reasons was pending pre-empted the taxing master's statutory duty and rendered the reference premature and incompetent.
Who bears the costs of the application
No order as to costs was made because the court's own inaction partly caused the problem.
Although the reference was incompetent and would ordinarily attract costs against the applicant, the court declined to award costs because the delay in furnishing reasons was partly attributable to the court itself. The court thus balanced procedural fault with fairness, making no order as to costs.
Legal principles established
#- Where a party requests the Taxing Officer's reasons in writing, the party must wait for those reasons before filing a reference; filing a reference before being furnished with the reasons renders it incompetent for being prematurely instituted.
- Where the taxing officer's decision contains reasons on its face, filing the reference more than 14 days after delivery of the ruling renders the reference incompetent.
Court orders
#- 1.The Chamber Summons dated 23/02/2024 is struck out for being prematurely instituted
- 2.No order as to costs
- Jurisdiction invoked
- Rule 11(1)–11(4) of the Advocates Remuneration Order and all enabling provisions of the law (reference to a judge from taxation)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lubulellah & Associates v Gilbi Construction Company Limited (Environment and Land Miscellaneous Application E158, E159, E160, E161, E162, E163, E164 & E165 of 2023 (Consolidated)) [2024] KEELC 5234 (KLR)", Case Analysis (2024). Chamber Summons Application dated 23/02/2024 (related to ELC Misc. Nos. E158–E165 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5234/eng@2024-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.