Kangori and Company Advocates v Ndwaro (Environment & Land Miscellaneous Case E029 of 2021) [2024] KEELC 5515 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that legal fee disputes for magistrate court cases must use Schedule 7 rates, with no getting up fees allowed.
What this practically means
#Executive summary
#Key legal issues
#Applicable Remuneration Order schedule
Schedule 7 applied because the advocate/client bill related to CMCC ELC Case No. 85 of 2018 at Ngong Law Courts
The Deputy Registrar's ruling of 4/10/2023 stated that the advocate/client bill related to CMCC 85 of 2018 at Ngong, the original case having been transferred from Kajiado to Ngong Magistrates Court. Since the trial took place in the Lower Court, schedule 7 rather than schedule 6 governed taxation.
Error by the Deputy Registrar
No error in the assessment; the only misstep was taxing the bill herself instead of remitting it to the Ngong Chief Magistrates Court
The Deputy Registrar gave reasons for each item taxed and taxed according to scale. However, since there was no trial in the ELC, she should have remitted the file to the Chief Magistrates Court at Ngong for taxation to avoid parallel proceedings over the same bill.
Getting up fees in Lower Court trials
Not awardable under schedule 7
Schedule 7 of the Advocates Remuneration Order, which governs Lower Court matters, contains no provision for getting up fees; consequently the Deputy Registrar's refusal to award it was in order and that head of the objection failed.
Legal principles established
#- Where the underlying trial took place in the Lower Court, schedule 7 of the Advocates Remuneration Order applies, not schedule 6
- Schedule 7 of the Advocates Remuneration Order makes no provision for getting up fees in Lower Court trials
- A suit must be instituted in the court of the lowest grade competent to try it (Section 11, Civil Procedure Act)
Court orders
#- 1.The advocates/client bill of costs dated 20/5/2021 to be taxed by the trial Court at Ngong in suit No. ELC 85 of 2018 Ann Njeri Ndwaru –versus- Molyn Credit and others
- 2.Case for mention before the Chief Magistrate Ngong on 30/7/2024
- 3.The summons dated 30/11/2023 dismissed with costs
- Jurisdiction invoked
- Section 50 of the Advocates Act and rule 11 of the Advocates Remuneration Order; Order 49 rule 1 and Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kangori and Company Advocates v Ndwaro (Environment & Land Miscellaneous Case E029 of 2021) [2024] KEELC 5515 (KLR)", Case Analysis (2024). Chamber Summons dated 30/11/2023 (Kajiado ELC Case No. 524 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5515/eng@2024-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.