Were (Suing as the Personal Representative of the Estate of Dixon Okumu - Deceased) v Muhudi (Environment and Land Case E002 of 2022) [2025] KEELC 7984 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a challenge to taxed legal costs because the applicant never filed the required formal reference within 14 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the application was competent in the absence of a filed reference under Rule 11
The application was incompetent and was struck out because the applicant never filed a reference as required by Rule 11 of the Advocates Remuneration Order
Rule 11 of the Advocates (Remuneration) Order prescribes the procedure for objecting to a taxing officer's decision: notice in writing within 14 days, reasons from the taxing officer, and then a chamber summons to a judge. The applicant gave notice and obtained reasons but never filed the reference. Since jurisdiction must be properly invoked in the manner prescribed, the court could not entertain the application styled as an application rather than a reference.
Whether the taxing master erred in awarding instructions fees of Kshs. 239,495/= on a suit struck out before hearing
The court did not determine the merits of this complaint because the application was incompetent for want of a reference
The applicant argued that the suit was struck out before the first hearing, so the instructions fee had no bearing on the Remuneration Order and the value of the subject matter could not be determined from pleadings or judgment. The respondent maintained the taxing master properly considered the valuation report fixing the land's value at Kshs. 27,760,000/=. The court declined to engage, holding only that it could not interfere absent a properly filed reference.
Legal principles established
#- A party objecting to a taxing master's decision must invoke the court's jurisdiction through a reference filed by chamber summons under Rule 11 of the Advocates Remuneration Order within 14 days; the court cannot interfere with a taxation decision unless moved in the appropriate manner
- A court cannot issue orders unless its jurisdiction is properly invoked
Court orders
#- 1.The applicant's application dated 1/10/2025 is struck out with no order as to costs
- Jurisdiction invoked
- Rule 11 of the Advocates (Remuneration) Order and Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Were (Suing as the Personal Representative of the Estate of Dixon Okumu - Deceased) v Muhudi (Environment and Land Case E002 of 2022) [2025] KEELC 7984 (KLR)", Case Analysis (2025). Misc. Application dated 1/10/2025 (arising from taxation of bill of costs dated 16/4/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7984/eng@2025-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.