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ELCOtherMeru ELC Misc. Application (notice of motion dated 21/3/2025)· [2025] KEELC 5355 (KLR)
Nyamu t/a Nyamu Nyaga & Company Advocates v Meru University of Science & Technology (Environment and Land Miscellaneous Application E017 of 2022) [2025] KEELC 5355 (KLR)
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·~8 min to read original · ~4 min briefThe bottom line
#A Meru court paused a law firm's bid to convert a Kshs 62.6 million taxed fee bill into judgment, giving the client 120 days to pursue its appeal first.
What this practically means
#Executive summary
#Nyamu Nyaga & Co Advocates moved the Environment and Land Court at Meru by notice of motion dated 21/3/2025 seeking adoption as a judgment of the court of the taxing officer's award of Kshs 62,628,920 per a certificate of costs dated 12/11/2024, plus interest at 14% per annum from 7/10/2024. The bill arose from services in Meru ELC Constitutional Petition No. 22 of 2013. Following earlier rulings by Yano J ordering fresh taxation before a different taxing officer based on a subject matter value of Kshs 2.2 billion, the bill was re-taxed and certified; the respondent filed no rule 11 objection. The respondent opposed entry of judgment, alleging that the court's administrative failures - non-release of a signed notice of appeal and typed proceedings, and non-supply of the taxing officer's reasons - denied it the ability to appeal or object. The court (Eboso J) framed three issues and examined its records. It found the signed notice of appeal and typed proceedings were on the file and uncollected, and the request for reasons was not traceable on the CTS or the file, having been sent to the taxing officer's personal email. Rejecting the characterization of the court as obstructing access to justice but accepting a limited stay to disabuse that notion, the court stayed entry of judgment for 120 days, issued directions to the Court Registry and taxing officer to facilitate the respondent's appeal and objection mechanisms, allowed the applicant to file afresh after the stay, and made no order as to costs. The second and third issues (entry of judgment and interest) were not pronounced on at this stage.
Key legal issues
#01
Whether entry of judgment on the certificate of costs should be stayed pending the respondent's pursuit of appeal and objection mechanisms
Holding
Yes - a limited stay of 120 days was granted to allow the respondent to pursue appeal and objection mechanisms, with directions to the Court Registry to remove administrative obstacles.
Reasoning
The court verified its records and found the signed notice of appeal and typed proceedings were already on the file and available, and the request for the taxing officer's reasons was not traceable in the CTS or physical file, having been sent to the taxing officer's personal email. To disabuse the notion that the court was frustrating the respondent, it accepted a limited 120-day stay with implementation directions rather than dismissing the application outright.
p. 4
Legal principles established
#- A litigant cannot use alleged administrative failures of the court as a scapegoat for its own lethargy in pursuing remedies.
Court orders
#- 1.Proceedings relating to adoption of the award of the taxing officer as a judgment of the court stayed for 120 days
- 2.The respondent shall avail themselves in the Court Registry forthwith and the Court Registry shall release the signed notice of appeal immediately and upload it on the CTS
- 3.The Court Registry to assess final court fees on the request for typed and certified proceedings and advise the respondent through the CTS within 2 working days, and avail the proceedings within 24 hours of payment
- 4.The respondent shall upload the letter dated 23/10/2024 into the CTS forthwith and the taxing officer shall act on it immediately
- 5.The applicant at liberty to bring a fresh application after expiry of the 120 days
- 6.No award of costs
- Jurisdiction invoked
- Original jurisdiction over adoption of a certificate of taxation as a judgment, within the ELC's miscellaneous application jurisdiction; procedure under the Advocates (Remuneration) Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyamu t/a Nyamu Nyaga & Company Advocates v Meru University of Science & Technology (Environment and Land Miscellaneous Application E017 of 2022) [2025] KEELC 5355 (KLR)", Case Analysis (2025). Meru ELC Misc. Application (notice of motion dated 21/3/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5355/eng@2025-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.