Tonui & another v Tonui & 2 others (Environment and Land Miscellaneous Application E009 of 2024) [2024] KEELC 7276 (KLR)
The bottom line
#The High Court in Kericho struck out a late challenge to a taxed legal bill, confirming Kenya's 14-day deadline for cost objections is strictly enforced.
What this practically means
#Executive summary
#Key legal issues
#Whether the reference was competent given the timelines in Paragraph 11 of the Advocates Remuneration Order
The reference filed seventeen days after the Taxing Officer's ruling was out of time, and the Applicants neither gave reasons for the delay nor sought enlargement of time under Paragraph 11(4); the reference was therefore incompetent and struck out.
Paragraph 11(1) requires an objection within fourteen days of the decision. The ruling was delivered on 19th March 2024 and the reference filed on 5th April 2024, seventeen days later. The Applicants did not apply under Paragraph 11(4) to enlarge time. Statutory timelines must be strictly complied with, and a reference filed out of time without leave is a nullity that must be struck out.
Whether the Applicants needed to seek reasons from the Taxing Officer before filing the reference
The Court found this question could not be determined because the Applicants failed to annex the bill of costs and the Taxing Officer's ruling, but this did not save the out-of-time reference.
Relying on case law, where the reasons are already contained in the considered ruling, there is no need to seek further reasons under paragraph 11(2). However, the Applicants did not exhibit the bill of costs or the taxation ruling, so the Court could not compare the ruling with the reasons or assess whether the wrong principles were applied. Even so, the fatal defect remained the out-of-time filing without leave.
Legal principles established
#- On a reference from taxation, the Judge will not normally interfere with the Taxing Officer's exercise of discretion unless the Taxing Officer erred in principle
- A reference filed out of time and without leave of Court is not competent and ought to be struck out
- Where the reasons for taxation are contained in the ruling, there is no need to seek further reasons under paragraph 11(2) of the Advocates Remuneration Order
Court orders
#- 1.The Applicants' reference dated 3rd April, 2024 struck out with costs for being filed out of time and without leave
- Jurisdiction invoked
- Section 11 of the Advocates Remuneration Order, Section 3A of the Civil Procedure Act and Article 159 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tonui & another v Tonui & 2 others (Environment and Land Miscellaneous Application E009 of 2024) [2024] KEELC 7276 (KLR)", Case Analysis (2024). Chamber Summons Application dated 3rd April, 2024 (Reference from Taxation). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7276/eng@2024-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.