FREDRICK MUTHAMIA M’IBERE v EVANGELINE KAJUJU MARETE & another
The bottom line
#A Kenyan High Court confirmed that a Bill of Costs must go to the Deputy Registrar for taxation first; a Reference to a judge only comes after taxation.
What this practically means
#Executive summary
#Key legal issues
#Distinction between a Bill of Costs and a Reference under the Advocates Remuneration Order
The document filed as a 'Reference' is in truth a Bill of Costs under Rule 69 and belongs before the Deputy Registrar for taxation; a Reference only arises post-taxation under Rule 11
The court examined the document and found that, though labelled a Reference, it contains a table of items sought to be taxed and is drawn in accordance with Rule 69 ARO. A Reference presupposes a completed taxation, a Certificate of Taxation, a notice of objection within 14 days, the taxing officer's reasons, and then a chamber summons to a judge under Rule 11. None of these steps had occurred, so the Judge lacked a matter for determination.
Jurisdiction over the matter
The matter falls within the jurisdictional remit of the Deputy Registrar as Taxing Officer and does not fall for determination by the Judge
Since the document is a Bill of Costs for taxation, jurisdiction vests in the Taxing Officer. The court directed that the Bill be placed before the Taxing Officer for taxation in accordance with the applicable law, with a mention within two weeks.
Legal principles established
#- A Bill of Costs is drawn under Rule 69 of the Advocates Remuneration Order and is taxed by the Deputy Registrar as Taxing Officer
- A Reference under Rule 11 of the Advocates Remuneration Order arises only after taxation, upon a notice of objection to taxation within 14 days of the Certificate of Taxation, followed by reasons and a chamber summons application to a judge
Court orders
#- 1.The Bill of Costs dated the 27th March 2024 (but erroneously stated to be a Reference) shall be placed before the Taxing Officer for purposes of Taxation in accordance with the applicable law
- 2.The matter shall be mentioned before the Taxing Officer within 2 weeks of the delivery of the Ruling
- 3.The Costs attendant to this proceedings shall abide the outcome of the Taxation by the Taxing Officer
- Jurisdiction invoked
- Advocates Remuneration Order, Schedule VI and Rule 11 (Bill of Costs within jurisdiction of Deputy Registrar as Taxing Officer)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "FREDRICK MUTHAMIA M’IBERE v EVANGELINE KAJUJU MARETE & another", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4701/eng@2025-06-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.