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ELCDismissedChamber Summons dated 30/11/2023 (Kajiado ELC Case No. 524 of 2016)· [2024] KEELC 5515 (KLR)

Kangori and Company Advocates v Ndwaro (Environment & Land Miscellaneous Case E029 of 2021) [2024] KEELC 5515 (KLR)

Environment and Land Court
17 July 2024
824 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (M.N. Gicheru, J) disposed of a chamber summons dated 30/11/2023 brought by the advocate, Kevin Onyango Omondi, under rule 11 of the Advocates Remuneration Order and Section 50 of the Advocates Act, seeking to set aside a taxing decision of the Deputy Registrar who taxed his advocate/client bill at Kshs. 354,395/-. The bill arose from representation of the respondent in a land dispute with Molyn Credit Limited over L.R. Ngong/Ngong/48250, litigated in Kajiado ELC No. 524 of 2016, later transferred and becoming CMCC ELC No. 85 of 2018 at Ngong. The application was unopposed. The court framed three issues: the applicable schedule, any error by the Deputy Registrar, and the availability of getting up fees in Lower Court trials. It held schedule 7 (not schedule 6) applied because the trial occurred in the Lower Court; that the Deputy Registrar taxed according to scale and gave reasons for each item, erring only in taxing the bill herself rather than remitting it to the Ngong Chief Magistrates Court to avoid parallel proceedings; and that schedule 7 makes no provision for getting up fees. The summons was dismissed with costs and the bill ordered remitted for taxation by the trial court at Ngong, with mention before the Chief Magistrate Ngong on 30/7/2024.

Key legal issues

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01

Applicable Remuneration Order schedule

Holding

Schedule 7 applied because the advocate/client bill related to CMCC ELC Case No. 85 of 2018 at Ngong Law Courts

Reasoning

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.

p. 2
02

Error by the Deputy Registrar

Holding

No error in the assessment; the only misstep was taxing the bill herself instead of remitting it to the Ngong Chief Magistrates Court

Reasoning

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.

p. 2
03

Getting up fees in Lower Court trials

Holding

Not awardable under schedule 7

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 2.Case for mention before the Chief Magistrate Ngong on 30/7/2024
  3. 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

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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, "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.