Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in excerpt· [2025] KEELC 2875 (KLR)

Jelani (Suing on Their Own Behalf and on Behalf of All other Affected Members in the Area - PAPS) & 5 others v Attorney General & 4 others (Constitutional Petition 10 of 2014) [2025] KEELC 2875 (KLR)

Environment and Land Court
12 March 2025
1,468 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

A Kenyan court refused to extend time for challenging a taxation ruling because the lawyer's delay wasn't credibly explained and the wrong procedure was used.

What this practically means

#

Executive summary

#
The applicants moved the court by a notice of motion dated 22nd August 2024 seeking enlargement of time to file a reference at the ELC against a taxation ruling delivered on 6th May 2024, in which instruction fees of Kshs. 200,000 were awarded though the applicants contended the decretal subject value was Kshs. 1,311,586,674.55. The respondents opposed through grounds of opposition dated 13th November 2024 and written submissions. The court framed a single dominant issue: whether to enlarge time to file the reference. Counsel for the applicant attributed the delay of approximately 109 days to his hospitalization with acute pneumonia from 6th May 2024 to 21st August 2024, supported only by a prescription-style note from Havillah Medical Clinic. The respondents, citing the Salat criteria as restated in Njoroge v Kimani and the Aviation & Allied Workers Union principles, argued the delay was inordinate and unexplained, and relying on John Muturi Mbijiwe v ABSA Bank, that a chamber summons could not be camouflaged as a reference under Paragraph 11 of the Advocates Remuneration Order. The court found the medical note dubious, lacking a discharge summary or treatment plan, and held counsel was not candid; the burden of explaining the delay to the court's satisfaction was not discharged. It further agreed that the chamber summons could not be turned into a reference. The application dated 22nd August 2024 was dismissed with costs on 12th March 2025 at Malindi.

Key legal issues

#
01

Whether the applicant satisfied the Salat criteria for enlargement of time to file a reference

Holding

The application failed because the reasons for the 109-day delay were not explained to the court's satisfaction; the medical evidence was a mere prescription note lacking a discharge summary or treatment plan, casting doubt on counsel's claimed hospitalization.

Reasoning

The court applied the seven Salat factors as quoted by the respondents' counsel. The applicant bore the burden of establishing a reasonable explanation for the delay. The medical note was written as a prescription note, was for information only, and the attached treatment plan was unavailable. The court found it startling that counsel was admitted on the very day of the ruling and discharged a day before the application, and concluded counsel was not candid.

p. 4
02

Whether the chamber summons could be treated as a reference under Paragraph 11 of the Advocates Remuneration Order

Holding

No. The chamber summons could not be camouflaged as a reference; the procedural sequence under Paragraphs 11(1) and 11(2) - written objection to the taxing officer within 14 days, response, then reference to a judge - was not followed.

Reasoning

Relying on John Muturi Mbijiwe t/a Bealine Kenya Auctioners v ABSA Bank Kenya PLC, the court held that a chamber summons asking the court to vary or set aside a taxation ruling goes to the merits and attempts to convert the application into a reference, which cannot be done. The court declined to go into the merits of what the reference could have raised, though it observed the taxing master had based instruction fees on the consent figure.

p. 4

Legal principles established

#
  • Extension of time is not a right but an equitable remedy available only to a deserving party, and the applicant bears the burden of explaining the delay to the court's satisfaction.
  • A chamber summons cannot be converted into or used as a substitute for a reference against a taxing master's decision under Paragraph 11 of the Advocates Remuneration Order.

Court orders

#
  1. 1.The application dated 22nd August 2024 is dismissed with costs to the respondents

Authorities

#

Legislation

  • Advocates Remuneration OrderParagraph 11(1)
  • Advocates Remuneration OrderParagraph 11(2)
  • Advocates Remuneration OrderParagraph 11(3)

Cases cited (5)

  • Njoroge v Kimani
    (Civil Application Nai. E049 of 2022) [2022] KECA 1188 (KLR) (28 October 2022) (Ruling)
  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others
    [2014] eKLR
  • Gori, Ombongi & Co Advocates v Mary Wangechi Kamara
    [2022] eKLR
  • Aviation & Allied Workers Union (K) v KQ & 3 others
    [2015] eKLR
  • John Muturi Mbijiwe t/a Bealine Kenya Auctioneers v ABSA Bank Kenya PLC
    (Miscellaneous Application E066 of 2022) [2023] KEHC 17408 (KLR) (Commercial and Tax) (15 May 2023)
Jurisdiction invoked
Paragraph 11(3) of the Advocates Remuneration Order - discretionary power to enlarge time to file a reference

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jelani (Suing on Their Own Behalf and on Behalf of All other Affected Members in the Area - PAPS) & 5 others v Attorney General & 4 others (Constitutional Petition 10 of 2014) [2025] KEELC 2875 (KLR)", Case Analysis (2025). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2875/eng@2025-03-12

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