Chaudhri & Associates v Registered Trustees of Sheikh Zayed Bin Sultan Al – Nahyan (Miscellaneous Application E204 of 2022) [2025] KEELC 7276 (KLR)
The bottom line
#The High Court struck out a Notice of Appeal filed without permission, confirming that appeals over legal fee disputes need a judge's leave first.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to grant leave to appeal under Rule 11(3) of the Advocates Remuneration Order
The High Court is vested with jurisdiction to grant leave to appeal to the Court of Appeal against its decision on a Reference from taxation
Rule 11(3) of the Advocates Remuneration Order provides that any person aggrieved by a judge's decision on an objection to taxation may appeal to the Court of Appeal only with the judge's leave. The right to appeal is statutory, per Boit v Kumin, and where a statute does not provide an appeal as of right, an appeal lies only with leave. The court therefore answered the first issue in the affirmative.
Validity of a Notice of Appeal filed without leave
A Notice of Appeal filed without the required leave is a nullity, void ab initio, cannot be deemed duly filed, and must be struck out
Relying on Salat v IEBC and County Executive Kisumu, the court held that a document filed in purported appeal without leave is unknown to law and cannot be cured retrospectively. The Client filed the Notice of Appeal of 16/12/2024 without leave, contrary to Rule 11(3), and could not take a shortcut by seeking to have it deemed filed after the fact. The Notice was struck out and leave refused for want of a draft Notice annexed to the application.
Stay of proceedings pending appeal
A stay of proceedings cannot issue where there is no subsisting appeal; the prayer was premature and misconceived
The Client sought a stay of taxation proceedings pending an appeal for which leave had not been granted. The court noted the governing provisions on stay and held that, having struck out the Notice of Appeal, there was no subsisting appeal to preserve, rendering the stay prayer superfluous, otiose, premature and misconceived, having been sought in isolation.
Legal principles established
#- An appeal from a judge's decision on a Reference arising from taxation lies to the Court of Appeal only with leave of the judge under Rule 11(3) of the Advocates Remuneration Order
- A document filed in purported appeal without requisite leave is a nullity and cannot be validated ex post facto or deemed duly filed
Court orders
#- 1.The Client's application dated 23/1/2025 is dismissed
- 2.The Advocates' application dated 17/1/2025 is allowed
- 3.The Notice of Appeal dated 16/12/2024 is struck out as a nullity
- 4.The Advocate shall have costs of both Applications
- Jurisdiction invoked
- Rule 11(3) of the Advocates Remuneration Order, 2014; Sections 1A, 1B & 3A of the Civil Procedure Act; Order 51 Rule 14 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chaudhri & Associates v Registered Trustees of Sheikh Zayed Bin Sultan Al – Nahyan (Miscellaneous Application E204 of 2022) [2025] KEELC 7276 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7276/eng@2025-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.