Oyomba Mosota & Nyamweya Advocates v Deborah Achieng Aduda & Rene Johny Derkx (Environment and Land Miscellaneous Application E176 of 2024) [2025] KEELC 5984 (KLR)
The bottom line
#The High Court let late clients challenge a legal fees taxation, but struck out their improperly filed application and made them pay the lawyer Kshs.75,000.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants established sufficient grounds for enlargement of time to file a reference against the taxing master's ruling
Although the applicants were indolent and their reasons not plausible, the court exercised its discretion under Rule 11(4) in their favour, but with costs
Rule 11 of the Advocates (Remuneration) Order requires objections within fourteen days and references within fourteen days of receipt of reasons. The applicants failed to file within time. The court found their explanation unconvincing because the ruling had been uploaded on the e-filing platform, but noted they were intent on challenging the taxation and so discretion was exercised in their favour on terms.
Whether the chamber summons dated 23rd January, 2025, filed out of time without prior leave, was properly before the court
The chamber summons filed out of time without leave was a nullity and was struck out
Relying on the Supreme Court's decision in Gilbert Mwangi Njuguna v Judicial Service Commission & Attorney General, the court held that filing a document out of time and then seeking extension to recognize it invites the court to remedy an illegality. The proper course was to apply under Rule 11(4) first. The prematurely filed chamber summons was therefore struck out.
Legal principles established
#- A party who intends to file a reference out of time must first invoke Rule 11(4) of the Advocates (Remuneration) Order to enlarge time before filing; filing first and seeking to legalize the filing is an illegality the court will not sanction
- Filing a document out of time and then seeking extension of time amounts to asking the court to remedy an illegality; such a document is a nullity
Court orders
#- 1.The clients/applicants are granted leave to file a notice of objection and reference against the ruling of the taxing master delivered on 19th December, 2024 on the Advocate/Client Bill of Costs dated 2nd September 2024
- 2.The notice of objection and reference to be filed and served within seven days from the date of the order
- 3.The chamber summons dated 23rd January, 2025 is struck out
- 4.The costs of the application payable by the clients/applicants to the advocate/respondent are assessed at Kshs.75,000/- to be paid within 30 days
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Rule 11(4) of the Advocates (Remuneration) Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oyomba Mosota & Nyamweya Advocates v Deborah Achieng Aduda & Rene Johny Derkx (Environment and Land Miscellaneous Application E176 of 2024) [2025] KEELC 5984 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5984/eng@2025-09-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.