Miller & Company Advocates v Murang’a County Government (Environment and Land Miscellaneous Case E008 of 2023) [2025] KEELC 5223 (KLR)
The bottom line
#A Kenyan court threw out a late challenge to a Kshs 274,050 costs award because the 21-day delay was inexcusable and the Kshs 330 million claim had no supporting evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should extend time and grant leave to file an objection out of time
Leave refused; the 21-day delay was inordinate and unexplained satisfactorily
The ruling was delivered on 2-10-2024 in the presence of the Applicant's counsel, giving 14 days to object (deadline 16-10-2024). The summons was filed 21 days late, 1.5 times the permitted period. Since only the top six items of the bill were disallowed as drawn, an objection could have been filed even without a copy of the ruling. The delay was therefore inordinate.
Whether the taxing master's decision should be set aside and the bill assessed afresh
No merit; no error in principle demonstrated
The Applicant claimed over Kshs. 330 million based on a purported 975-acre suit land valued at Kshs. 4 million per acre, but produced no title deed, official search or valuation report. The supporting affidavit had only one annexure, the ruling. Without proof of the value of the subject matter the claim for such costs could not succeed, and no error in principle was shown.
Legal principles established
#- Under Rule 11(4) of the Advocates Remuneration Order the High Court has discretion to enlarge the time fixed by Rule 11(1) or (2) for filing an objection or reference.
- Filing an objection with the taxing officer is the first step under Rule 11(1); a reference is only the next option if the reasons given do not satisfy the applicant.
- A claim for a very large sum in costs requires strict proof, including evidence of the value of the subject matter.
Court orders
#- 1.The summons dated 5-11-2024 is dismissed
- 2.Costs of the summons awarded to the Respondent
- Jurisdiction invoked
- Rule 11(1), (2) and (4) of the Advocates Remuneration Order 2014 and Sections 1A and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Miller & Company Advocates v Murang’a County Government (Environment and Land Miscellaneous Case E008 of 2023) [2025] KEELC 5223 (KLR)", Case Analysis (2025). Chamber Summons dated 5-11-2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5223/eng@2025-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.