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ELCPartially AllowedNot stated in the judgment· [2025] KEELC 7276 (KLR)

Chaudhri & Associates v Registered Trustees of Sheikh Zayed Bin Sultan Al – Nahyan (Miscellaneous Application E204 of 2022) [2025] KEELC 7276 (KLR)

High Court of Kenya
22 October 2025
2,941 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This judgment of the High Court (J. G. Kemei, J) determined two competing applications arising from an Advocate-Client Bill of Costs dated 23/9/2022. The Taxing Master had struck out the Bill on the basis of a fees agreement; a Reference succeeded and, by Ruling of 11/12/2024, the court held there was no valid retainer and directed taxation to proceed. The Client filed a Notice of Appeal on 16/12/2024 without leave. The Advocate then applied to strike out the Notice as defective and an abuse of process, while the Client sought leave to appeal, deeming of the Notice as duly filed, and a stay of taxation proceedings. The court framed four issues. First, it confirmed it had jurisdiction under Rule 11(3) of the Advocates Remuneration Order to grant leave, applying Boit v Kumin on the statutory nature of the right of appeal. Second, applying Salat v IEBC and County Executive Kisumu, it held the Notice of Appeal filed without leave was a nullity, void ab initio, incapable of validation ex post facto, and struck it out; leave to appeal was also refused because the Client failed to annex a draft Notice of Appeal to its application. Third, it declined the stay of proceedings as premature and otiose in the absence of a subsisting appeal. The Client's application of 23/1/2025 was dismissed, the Advocate's application of 17/1/2025 was allowed, and the Advocate was awarded costs of both applications.

Key legal issues

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01

Jurisdiction to grant leave to appeal under Rule 11(3) of the Advocates Remuneration Order

Holding

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

Reasoning

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.

p. 4
02

Validity of a Notice of Appeal filed without leave

Holding

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

Reasoning

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.

p. 4
03

Stay of proceedings pending appeal

Holding

A stay of proceedings cannot issue where there is no subsisting appeal; the prayer was premature and misconceived

Reasoning

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.

p. 6

Legal principles established

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  • 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

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  1. 1.The Client's application dated 23/1/2025 is dismissed
  2. 2.The Advocates' application dated 17/1/2025 is allowed
  3. 3.The Notice of Appeal dated 16/12/2024 is struck out as a nullity
  4. 4.The Advocate shall have costs of both Applications

Authorities

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Legislation

  • Civil Procedure RulesOrder 51 Rule 14
  • Civil Procedure RulesOrder 42 Rule 6(2)
  • Court of Appeal Rules, 2010Rules 42, 43 and 84
  • Advocates Remuneration Order, 2014Rule 11(3) and (4)
  • Civil Procedure ActSections 1A, 1B & 3A

Cases cited (3)

  • Boit v Kumin; Boit & Another (Interested Parties)
    Civil Appeal (Application) E101 of 2021 [2025] KECA 568 (KLR)
  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others
    [2014] eKLR
  • County Executive Kisumu County Government v The County Government of Kisumu
    [2017] eKLR
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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.