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ELCDismissedELC Misc. Application (Advocate-Client Bill of Costs dated 10th September 2024) — consolidation application dated 27th January 2025, related to ELC Misc. E186 of 2024 and ELC MISC. E187 of 2024· [2025] KEELC 7712 (KLR)

Gathemia t/a Gatheru Gathemia & Co. Advocates v Sheikh & Sheikh - As Trustees of the Sheikh Fazal Ilahi Noordin Charitable Trust (Environment and Land Miscellaneous Application E187 of 2024) [2025] KEELC 7712 (KLR)

Environment and Land Court
10 November 2025
2,367 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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What this practically means

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Executive summary

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The Respondent (the client, through trustee Abdul Waheed Sheikh) filed a Notice of Motion dated 27th January 2025 seeking two principal orders: consolidation of the Advocate-Client Bill of Costs filed in this matter with the one in ELC Misc. Application No. E186 of 2024, with this file as lead file; and striking out or dismissal of the Bill of Costs dated 10th September 2024 as statute barred. The Bill concerns instructions fees of Kshs.40,460,500 for the Advocate's role in renewing a lease by transmission over LR 37/67 (formerly 209/193). The Respondent contended the Bill was time-barred under Section 4(1) of the Limitation of Actions Act since a demand letter issued on 29th July 2017, and that the Advocate had already been paid approximately Kshs.20,202,000 under a retainer arrangement. The Applicant opposed, asserting no Retainer existed, that services continued beyond 2017 (correspondence up to January 2019), and that the two Bills involved distinct instructions so consolidation would prejudice taxation of instruction fees. Christine Ochieng J declined consolidation, holding that although both Bills relate to the same property, the instructions (lease renewal versus compulsory acquisition) dealt with different issues, applying the Supreme Court's test in Omoke v Kenyatta. On limitation, the court found no Retainer existed and that the last communication between the parties was in January 2019, so the Bill filed on 10th September 2024 fell within the six-year period, applying Otieno, Ragot & Company Advocates v National Bank of Kenya Limited. The application was dismissed with costs and the Bill referred to a Taxing Officer.

Key legal issues

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01

Whether the two Advocate-Client Bills of Costs should be consolidated

Holding

Consolidation was declined because the two instructions, though relating to the same property, were distinct (lease renewal by transmission versus compulsory acquisition).

Reasoning

Relying on the Supreme Court's test in Omoke v Kenyatta, consolidation requires common questions of law or fact and desirability of joint disposal. The court found that although both Bills concern LR 37/67 (formerly 209/193), the instructions were different in nature, so consolidating them would not serve efficiency and the Bills should be taxed separately.

p. 4
02

Whether the Bill of Costs dated 10th September 2024 is statute barred under Section 4(1) of the Limitation of Actions Act

Holding

The Bill was filed within the six-year period because the last communication between the parties on the subject matter was in January 2019.

Reasoning

Section 4(1) bars contract actions brought after six years from accrual. The court found no Retainer agreement between the parties. Tracing the correspondence, the last communications were a letter of 13th September 2018 enclosing a valuation report and a letter of 21st January 2019 attaching a National Land Commission letter of 18th January 2019. A Bill filed on 10th September 2024 was therefore within time, and the formal demand of 29th July 2017 did not fix the start of limitation.

p. 5

Legal principles established

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  • Consolidation of suits or appeals will be ordered where there are common questions of law or fact and it is desirable that related matters be disposed of together (as stated by the Supreme Court and relied on here).
  • The advocate-client relationship is contractual and governed by the Limitation of Actions Act; limitation runs from when the cause of action accrued, not necessarily from a formal demand (Court of Appeal, applied).

Court orders

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  1. 1.Declined to consolidate the Advocate Client Bill of Costs filed herein with the Advocate-Client Bill of Costs in Misc. Application No. E186 of 2024 and directed that the two be taxed separately.
  2. 2.Found that the Advocate Client Bill of Costs dated 10th September 2024 was not statute barred and directed that the same be placed before a Taxing officer for taxation.
  3. 3.Dismissed the Respondent's Notice of Motion application dated 27th January 2025 with costs.
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court over Advocate-Client Bill of Costs; application under Notice of Motion (no specific provision cited in the extract)

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, "Gathemia t/a Gatheru Gathemia & Co. Advocates v Sheikh & Sheikh - As Trustees of the Sheikh Fazal Ilahi Noordin Charitable Trust (Environment and Land Miscellaneous Application E187 of 2024) [2025] KEELC 7712 (KLR)", Case Analysis (2025). ELC Misc. Application (Advocate-Client Bill of Costs dated 10th September 2024) — consolidation application dated 27th January 2025, related to ELC Misc. E186 of 2024 and ELC MISC. E187 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7712/eng@2025-11-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.