Cheruiyot v W.K Ngenoh t/a W.K Ngenoh Lessan & Co. Advocates (Environment and Land Miscellaneous Application E006 of 2024) [2025] KEELC 5006 (KLR)
The bottom line
#A Kenyan court struck out a challenge to taxed legal fees because the client skipped the required objection step and never obtained the taxing officer's reasons.
What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Officer's decision should be set aside and the bill taxed afresh
Application struck out because the Taxing Officer gave no reasons and no Notice of Objection was filed; the Court cannot tax the bill afresh
Paragraph 11 of the Advocates Remuneration Order prescribes a progressive process: objection to the taxing officer, furnishing of reasons, then a reference to a judge. The decision of 5th March 2024 contained no reasons, and although the Applicant claimed to have filed a Notice of Objection, no such document existed on the court file. Without reasons and without a notice of objection, the reference cannot be determined. The Court may only refer the bill for re-taxation, not tax it afresh.
Whether the application was filed after inordinate delay
No inordinate delay; the application was filed fourteen days after the taxation ruling
The Respondent argued the application was an afterthought filed after the Certificate of Costs and decree issued. The Court found the application was filed on 19th March 2024, fourteen days after the taxing officer's decision of 5th March 2024, and therefore within time. Delay was thus not a ground for striking out the reference; the fatal defects were the absence of reasons and of a notice of objection.
Legal principles established
#- The court on a reference does not tax bills afresh; where a taxing officer's decision lacks reasons, the proper course is to seek those reasons before mounting a reference
- Litigation under paragraph 11 of the Advocates Remuneration Order is progressive: a notice of objection under paragraph 11(1) is the foundation for a reference to the judge, and without it there can be no reference
Court orders
#- 1.The application dated 19th March, 2024 is struck out with no order as to costs
- 2.It is so ordered
- Jurisdiction invoked
- Paragraphs 11(2), (4) and 13(2) of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cheruiyot v W.K Ngenoh t/a W.K Ngenoh Lessan & Co. Advocates (Environment and Land Miscellaneous Application E006 of 2024) [2025] KEELC 5006 (KLR)", Case Analysis (2025). Reference arising from Kericho ELC Misc Application No. E009 of 2023; Notice of Motion dated 19th March, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5006/eng@2025-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.