Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedELC Misc. Application (Notice of Motion dated 25th October 2024), Eldoret· [2025] KEELC 1287 (KLR)

Nabasenge t/a Kutto & Kaira Nabasenge Advocates v Sum & 2 others (Environment and Land Miscellaneous Application E039 of 2024) [2025] KEELC 1287 (KLR)

Environment and Land Court
18 March 2025
2,521 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

The court dismissed an advocate's late challenge to a taxed fee bill because he skipped the required written notice to the Taxing Officer and used the wrong application form.

What this practically means

#

Executive summary

#
The Applicant, an advocate, moved the Environment and Land Court at Eldoret by Notice of Motion dated 25th October 2024 seeking leave to file a reference out of time against a Taxing Officer's ruling of 20th August 2024, which had assessed his Bill of Costs dated 7th October 2022 at KShs 104,922/-. He contended that the instruction fees should have been pegged on the value of the subject matter (approximately KShs 760,800,000/-), that the ruling was delivered earlier than the announced date of 29th August 2024 without his knowledge, and that the file was unavailable until the ruling was uploaded to the Court Tracking System on 25th October 2024. He sought setting aside of the assessment, fresh taxation before a differently constituted Taxing Master, or alternatively assessment by the court. The Respondents opposed, maintaining the assessment was proper under the Advocates Remuneration Order, 2014, that the subject matter of the underlying Chief Magistrate's Court proceedings concerned re-survey orders rather than land ownership, and that the fees sought were excessive. The court framed four issues. It held, first, that extension of time could not be granted because the Applicant had never given the notice in writing required by Paragraph 11(1) of the Advocates Remuneration Order, 2014, so the fourteen-day period under Paragraph 11(2) had not begun to run and could not be extended. Secondly, the application could not be deemed a proper reference since it was brought by Notice of Motion rather than the prescribed Chamber Summons and lacked the Taxing Officer's reasons. Consequently, all prayers were refused, the application was dismissed, and the Applicant was condemned to pay the Respondents' costs.

Key legal issues

#
01

Extension of time to file a reference out of time

Holding

Extension refused because the Applicant never gave the Paragraph 11(1) notice in writing, so the Paragraph 11(2) fourteen-day period had not started running

Reasoning

The court examined Rule 11 of the Advocates Remuneration Order, 2014 and held that the objector's first mandatory step is written notice to the Taxing Officer within 14 days of the decision. The Applicant admitted learning of the assessment on 21st or 29th August 2024 but never gave that notice. Since the Rule 11(2) period commences only upon receipt of the Taxing Officer's reasons, that period had not lapsed and could not be extended.

p. 5
02

Whether the Notice of Motion could be deemed a proper reference

Holding

It could not: a reference must be by Chamber Summons filed after receipt of the Taxing Officer's reasons, neither of which was satisfied

Reasoning

Paragraph 11(2) prescribes a Chamber Summons as the vehicle for a reference to a Judge, filed after receipt of the Taxing Officer's reasons. The Applicant used a Notice of Motion and failed to attach the Taxing Officer's grounds/reasons for the assessment of 20th August 2024. Without those reasons the court had nothing to evaluate for misapprehension of fact or law, rendering the application premature and non-compliant with Paragraph 11(1) and (2).

p. 5
03

Merits of the challenge to the taxation of instruction fees

Holding

Not reached on the merits; the prayers were refused for procedural non-compliance

Reasoning

The Applicant had earlier succeeded in a reference when a ruling of 6th March 2023 was set aside and the Bill of Costs re-assessed before another Taxing Officer, who awarded KShs 104,922/- by ruling dated 20th August 2024. The Respondents maintained that the assessment was proper under the Advocates Remuneration Order, 2014 since the subject matter concerned re-survey orders, not ownership of land worth KShs 760,800,000/-. The court did not adjudicate these contentions, declining the prayers on procedural grounds.

p. 6

Legal principles established

#
  • Under Rule 11 of the Advocates Remuneration Order, 2014, an objector must first give notice in writing to the Taxing Officer within 14 days of the decision; the 14-day period for filing a reference to a Judge runs only from receipt of the Taxing Officer's reasons
  • A reference to a Judge under Paragraph 11(2) must be brought by Chamber Summons and must be supported by the Taxing Officer's written reasons; without them the court has nothing to evaluate
  • A court cannot extend time within a period that has not yet begun to run

Court orders

#
  1. 1.The Notice of Motion dated 25.10.2024 is not merited and is therefore dismissed forthwith
  2. 2.The Applicant is condemned to pay the costs of the application to the Respondents

Authorities

#

Legislation

  • Advocates Remuneration OrderParagraph 11(1) and 11(2)

Cases cited (1)

  • Kaira Nabasenge T/A Kutto & Kaira Nabasenge Advocates vs Veronica Chepsat Sum & 2 Others
    ELC Misc. Application No. 50 of 2023
Jurisdiction invoked
Reference under Rule 11 of the Advocates Remuneration Order, 2014 against a Taxing Officer's decision; the judgment does not cite a constitutional provision

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Nabasenge t/a Kutto & Kaira Nabasenge Advocates v Sum & 2 others (Environment and Land Miscellaneous Application E039 of 2024) [2025] KEELC 1287 (KLR)", Case Analysis (2025). ELC Misc. Application (Notice of Motion dated 25th October 2024), Eldoret. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1287/eng@2025-03-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.