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ELCDismissedChamber Summons application dated 6th February, 2025 (arising from Nakuru ELC Misc Application No E056 of 2022)· [2025] KEELC 5719 (KLR)
Ochieng t/a M/S Ochieng’ Gai & Company Advocates v Okita (Miscellaneous Application E005 of 2025) [2025] KEELC 5719 (KLR)
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#What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) on a Chamber Summons dated 6th February, 2025 by Ochieng' Gai Advocate, the applicant. He sought to set aside the ruling and order of Taxing Officer Hon. Priscah Nyotah of 28th November, 2024, extend time and grant leave to object to that ruling, and to have the court call up the proceedings in Nakuru ELC Misc Application No E056 of 2022 for setting aside of the taxation of an advocate/client bill of costs dated 15th December, 2022. The applicant deponed that no ruling notice was issued and he only learned of the dismissal of his bill on 17th December, 2024. The respondent, Dan Odhiambo Okita, opposed, contending that any reference should have been filed within fourteen days of the ruling and that the application, lodged over forty-five days later, was an abuse of process and prejudicial to him. The court framed one issue: whether the applicant was entitled to the orders sought. Relying on Paragraph 11 of the Advocates (Remuneration) Order and the decision in Otieno v Co-operative Bank of Kenya Limited, the court held that the applicant admitted filing outside the fourteen-day period without plausible explanation, and that the discretion to extend time must be exercised judiciously and could not favour him. The application was dismissed with each party bearing their own costs.
Key legal issues
#01
Whether the court should extend time and grant leave to object to the Taxing Master's ruling of 28th November, 2024
Holding
The application was dismissed because it was filed outside the fourteen-day period stipulated under Paragraph 11(1) of the Advocates (Remuneration) Order, and no plausible explanation for the delay was given.
Reasoning
Paragraph 11 of the Advocates (Remuneration) Order requires an objector to notify the Taxing Officer within fourteen days of the decision. The applicant admitted filing outside this window, having become aware of the ruling on 17th December, 2024, but filed the application over forty-five days after the ruling without explanation. The court's discretion must be exercised judiciously and was not satisfied on these facts.
p. 3
Legal principles established
#- The court's discretion to extend time must be exercised judiciously and will not favour a party who has not moved timeously or explained the delay.
- Objection to a taxing officer's decision under Paragraph 11(1) of the Advocates (Remuneration) Order must be lodged within fourteen days, and a reference cannot proceed without that step.
Court orders
#- 1.The application dated 6th February, 2025 is dismissed
- 2.Each party to bear their own costs
- On appeal from
- Environment and Land Court (Taxing Officer, Hon. Priscah Nyotah)
- Nakuru ELC Misc Application No E056 of 2022
- Jurisdiction invoked
- Paragraph 11(2) of the Advocates (Remuneration) Order - application by Chamber Summons to a Judge against a Taxing Officer's decision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ochieng t/a M/S Ochieng’ Gai & Company Advocates v Okita (Miscellaneous Application E005 of 2025) [2025] KEELC 5719 (KLR)", Case Analysis (2025). Chamber Summons application dated 6th February, 2025 (arising from Nakuru ELC Misc Application No E056 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5719/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.