Kyalo Mbobu v Sakient Limited (a chamber summons under the Advocates Remuneration Order)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Timeliness of the reference/application under paragraph 11 of the Advocates Remuneration Order
The court found the applicant indolent and treated the application as an abuse of the court process, effectively rejecting the timeliness argument
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.
Whether the applicant was accorded a fair hearing by the taxing master
The applicant was afforded a fair hearing, having had ample opportunity to file supporting documents, submissions and supplementary submissions before the ruling
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.
Legal principles established
#- 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
#- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.