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ELCDismissedNot stated in judgment· [2025] KEELC 3286 (KLR)

Chauri v District Land Adjudication Officer, Tigania West/East District & 2 others (Environment and Land Appeal 114 of 2019) [2025] KEELC 3286 (KLR)

High Court of Kenya
20 March 2025
2,418 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court dismissed an advocate's challenge to a taxed legal bill because his objection failed to specify which items he disputed and was filed before reasons were issued.

What this practically means

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Executive summary

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The Appellant/Applicant, an advocate, filed a Chamber Summons (Reference) dated 13th January 2025 under Rule 11 of the Advocates Remuneration Order seeking to stay execution of, and set aside, the decision of Deputy Registrar E. W. Ndegwa of 10th December 2024 on items 1 and 2 of a Bill of Costs, or alternatively to have those items taxed afresh by another taxing officer. The 1st and 2nd Respondents indicated they would not oppose the application; the 3rd Respondent filed no response. The court framed two issues: competency of the reference, and whether grounds existed to interfere with the certificate of taxation. On competency, the court held the notice of objection to taxation was invalid because it did not specify the items objected to, as required by Rule 11(1) of the ARO, applying the Court of Appeal's decision in Machira & Co. Advocates v Arthur K. Magugu. Further, the reference was filed prematurely, on the same day the reasons for taxation were requested and before those reasons were supplied, whereas a reference can only be sustained upon the reasons for taxation. On the second issue, the court found the Applicant had failed to procure the reasons for taxation necessary to interrogate the taxing officer's discretion, and noted that no award had been made on item 2, which the taxing officer had declined, so the attack on that item was hollow. The court also reiterated that a judge may only interfere with a certificate of taxation within established parameters and should defer to the taxing officer on quantum. The reference was dismissed with each party bearing their own costs.

Key legal issues

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01

Competency of the reference for non-compliance with Rule 11(1) of the Advocates Remuneration Order

Holding

The notice of objection to taxation dated 13th January 2025 did not specify the items objected to and was therefore invalid, rendering the reference incompetent.

Reasoning

Rule 11(1) of the ARO requires an objector to give notice in writing of the specific items of taxation objected to within fourteen days. The court, adopting the Court of Appeal's decision in Machira & Co. Advocates v Arthur K. Magugu, held that a vague notice that does not specify items defeats the expeditious purpose of the reference procedure and is fatally defective, so the reference founded on it must be struck out as incompetent.

p. 4
02

Prematurity of the reference filed before receipt of reasons for taxation

Holding

The reference, filed on 13th January 2025 the same day as the request for reasons and before the reasons were supplied, was premature and legally untenable.

Reasoning

Under Rule 11(2) of the ARO, a reference to a Judge may only be made upon receipt of the reasons for the taxing officer's decision. The Applicant requested reasons and filed the reference on the same day, before the reasons were availed. The court held that a reference, being akin to an appeal, can only be sustained on the reasons for taxation, and is premature and misconceived where lodged without them.

p. 4
03

Whether a basis existed to interfere with the certificate of taxation on items 1 and 2

Holding

No basis was established: reasons for taxation were not procured, and item 2 attracted no award at all, being declined by the taxing officer.

Reasoning

The court reiterated the parameters in Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board and First American Bank of Kenya Ltd v Gulab P. Shah for interference with a certificate of taxation, and the deference owed to taxing officers on quantum per Outa v Odoyo (SC). Without reasons, interference was impossible; further, since item 2 was declined outright, there was no award capable of being objected to.

p. 5

Legal principles established

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  • A notice of objection to taxation must specify the items of the bill of costs objected to; a notice that fails to do so is fatally defective and any reference founded on it is incompetent.
  • A reference can only be filed after the taxing officer has supplied the reasons for taxation; a reference filed before receipt of the reasons is premature and incompetent.

Court orders

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  1. 1.The Application/Reference dated the January 13, 2025 be and is hereby dismissed
  2. 2.Each party shall bear own costs of this Application

Authorities

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Legislation

  • Advocates Remuneration OrderRule 11
  • Civil Procedure ActSections 1(A), 1(B), 3(A), 79(G)
  • Civil Procedure (Amendment) Rules, 2020 (Legal Notice 22)Order 21 Rule 9A
  • Civil Procedure RulesOrder 50 Rules 1, 2 and 3

Cases cited (7)

  • Machira & Co. Advocates v Arthur K. Magugu & another
    [2012] KECA 245 (KLR)
  • Premchand Raichand Ltd & another v Quarry Services of East Africa Ltd & others (No 3)
    [1972] EA 162
  • Joreth v Kigano
    [2002] eKLR
  • Peter Muthoka v Ochieng & 3 Others
    [2018] eKLR
  • Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board
    [2005] eKLR
  • First American Bank of Kenya Ltd v Gulab P. Shah & 2 others
    [2002] eKLR
  • Outa vs. Odoyo & 3 Others
    SC Petition No 6 of 2014; [2023] KESC 75 (KLR)
Jurisdiction invoked
Rule 11 of the Advocates Remuneration Order; Sections 1(A), 1(B), 3(A) and 79(G) of the Civil Procedure Act; Order 21 Rule 9A of the Civil Procedure (Amendment) Rules, 2020

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Chauri v District Land Adjudication Officer, Tigania West/East District & 2 others (Environment and Land Appeal 114 of 2019) [2025] KEELC 3286 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3286/eng@2025-03-20

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