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)
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
#Key legal issues
#Whether the applicant satisfied the Salat criteria for enlargement of time to file a reference
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.
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.
Whether the chamber summons could be treated as a reference under Paragraph 11 of the Advocates Remuneration Order
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.
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.
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.The application dated 22nd August 2024 is dismissed with costs to the respondents
- 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.