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ELCDismissedChamber Summons dated 11th June, 2024· [2025] KEELC 4036 (KLR)

Kyalo Mbobu v Sakient Limited (a chamber summons under the Advocates Remuneration Order)

High Court of Kenya
22 May 2025
2,398 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The High Court (Mbogo C.G., J) determined a chamber summons dated 11th June 2024 brought by Kyalo Mbobu, advocate, under Articles 50 and 159(2) of the Constitution and paragraphs 11 and 12 of the Advocates Remuneration Order. The applicant sought to set aside the taxing master's ruling of 28th May 2024 dismissing his two Advocates-Client Bills of Costs, to have the bills remitted to another taxing master, and to have his supporting affidavit deemed properly filed. He complained that the taxing officer refused on 9th May 2024 to allow him three days to file supporting documents, thereby denying him a fair hearing. The respondent opposed, arguing the application was filed out of the 14-day window prescribed by paragraph 11 (being directed at the 9th May 2024 decision), that the applicant had over eight months to file supporting documents and instead filed only submissions, and that the application was frivolous and an abuse of process. Both parties filed written submissions. The court applied the Premchand Raichand principles governing interference with a taxing officer's discretion and held that the applicant had fair chance and sufficient time to file documents in support, had filed submissions and supplementary submissions without the supporting documents, and could not fault the court for his own non-compliance. The court found the applicant indolent and abusive of process, held the application hopeless, and dismissed the chamber summons with costs. No decision on the merits of the bills was made.

Key legal issues

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01

Timeliness of the reference/application under paragraph 11 of the Advocates Remuneration Order

Holding

The court found the applicant indolent and treated the application as an abuse of the court process, effectively rejecting the timeliness argument

Reasoning

The applicant contended the application challenged the ruling of 28th May, 2024 and was thus filed within time. The respondent maintained the proper target was the taxing officer's decision of 9th May, 2024, making the filing 35 days late. The court held the applicant had sufficient time to file supporting documents and could not fault the court for his own non-compliance with directions.

p. 5
02

Whether the applicant was accorded a fair hearing by the taxing master

Holding

The applicant was afforded a fair hearing, having had ample opportunity to file supporting documents, submissions and supplementary submissions before the ruling

Reasoning

The bill was filed on 22nd August 2023 without supporting documents; the applicant thereafter filed written submissions and supplementary submissions, yet sought to file fresh supporting documents only after the matter was set down for ruling. The court found no denial of a fair hearing and that the taxing officer's discretion was not exercised capriciously.

p. 5

Legal principles established

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  • A reference challenging a taxing officer's exercise of discretion must demonstrate that the taxation principles were breached; judges do not interfere with an assessment of costs unless there was a misdirection on principle or the assessment is manifestly extravagant.

Court orders

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  1. 1.The chamber summons dated 11th June, 2024 is dismissed with costs
Jurisdiction invoked
Articles 50 and 159(2) of the Constitution of Kenya and paragraphs 11 and 12 of the Advocates Remuneration Order

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, "Kyalo Mbobu v Sakient Limited (a chamber summons under the Advocates Remuneration Order)", Case Analysis (2025). Chamber Summons dated 11th June, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4036/eng@2025-05-22

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