Pere v Gicheru & another (Environment & Land Miscellaneous Case E071 of 2021) [2024] KEELC 7291 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Compliance with paragraph 11 of the Advocates Remuneration Order
The applicant did not comply with paragraph 11; there was no evidence of notice in writing to the taxing officer or of the taxing officer recording and forwarding reasons.
Paragraph 11 requires an objector to give written notice within fourteen days of the taxing decision and requires the taxing officer to record and forward reasons. The court found no evidence of this procedure in the supporting affidavit or the record, and the ruling of 13/6/2022 made no mention of the requisite notice. The procedure, including its timelines, is mandatory.
Jurisdiction to entertain the reference
The court should not entertain the summons before compliance with paragraph 11, as compliance confers jurisdiction.
The court held that the law prescribes the procedure, including timelines, for objecting to a taxing officer's decision, and that the court's jurisdiction depends on compliance with that procedure. Since the procedure was not exhausted, the reference could not be entertained on its merits and had to be dismissed.
Legal principles established
#- A party objecting to a taxing officer's decision must first comply with paragraph 11 of the Advocates Remuneration Order - giving written notice of objection within 14 days and obtaining the taxing officer's reasons - before applying to a judge; the court lacks jurisdiction to entertain a reference filed without that compliance.
Court orders
#- 1.The Chambers Summons dated 21/2/2022 is dismissed
- 2.Costs of the summons to the respondent
- Jurisdiction invoked
- Rule 11 of the Advocates Remuneration Order 2014, Sections 3A and 95 of the Civil Procedure Act, Order 51 rule 1 Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pere v Gicheru & another (Environment & Land Miscellaneous Case E071 of 2021) [2024] KEELC 7291 (KLR)", Case Analysis (2024). Chamber Summons dated 21/6/2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7291/eng@2024-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.