Githogori and Harrison Associates Advocates v Ngugi (Environment and Land Miscellaneous (Reference) Application E045 of 2024) [2025] KEELC 516 (KLR)

The court held that taxation of costs under the Advocates Act is governed exclusively by the Advocates (Remuneration) Order, which is a complete code. Order 50 rules 2 and 3 of the Civil Procedure Rules, which exclude public holidays and days when offices are closed, apply only to limited time of less than six days and cannot extend the 14 days under Rule 11. Filing on 11th October 2024 was therefore out of time, rendering the reference incompetent.

Rule 11(1) requires a party objecting to a taxing officer's decision to give notice in writing of the items objected to within fourteen days. The Respondent initially argued non-compliance, later abandoned part of the argument, but the court nonetheless found the Applicant had not complied with Rule 11(1), which independently justified upholding the preliminary objection and striking out the chamber summons application.

The Respondent argued that the bill of costs and the Taxing Master's ruling arose in Nakuru ELC Misc. Application No. E018 of 2024, while the reference was lodged in a fresh file, No. E045 of 2024, rendering it defective. The court's ruling upheld the preliminary objection generally without expressly pronouncing on this ground, resting instead on the statutory time bar and non-compliance with Rule 11(1).