County Government of Trans Nzoia v Munene (Environment and Land Case 1 of 2017) [2025] KEELC 8189 (KLR)
The bottom line
#A Kenyan court struck out a challenge to a taxing master's ruling because the advocate filed an ordinary application instead of the required Rule 11 reference.
What this practically means
#Executive summary
#Key legal issues
#Whether the application was a valid reference under paragraph 11 of the Advocates Remuneration Order
It was not; a reference must be brought by chamber summons under paragraph 11 within 14 days of the taxing master's ruling, which was not done here.
The court restated that a dissatisfied party must give notice of taxation and/or seek reasons under paragraph 11(2), then file a reference by chamber summons within 14 days. The ruling was delivered on 28/8/2025, so the reference should have been filed by 12/9/2025. Instead, the 4th defendant merely filed a chamber summons in the same file and assumed it to be a reference.
Whether the court could pronounce itself on the legality of the taxing master's decision without a proper reference
It could not; jurisdiction must be properly invoked and, absent that, the court declines to engage, also exercising restraint on the Deputy Registrar's taxing jurisdiction.
Relying on Evans Thiga Gaturu v Kenya Commercial Bank Limited, the court held that jurisdiction is everything and must be properly invoked. Without a competent reference under Rule 11, the court could not rule on the legality of the taxing master's decision declining jurisdiction, and chose restraint on the Deputy Registrar's taxation jurisdiction.
Legal principles established
#- A party dissatisfied with a taxing master's ruling must file a reference under Rule 11 of the Advocates Remuneration Order within 14 days, by chamber summons; filing a chamber summons in the same file and assuming it to be a reference does not properly invoke the court's jurisdiction.
- Jurisdiction must be properly invoked; without it a court cannot pronounce itself even on the legality of the decision impugned.
Court orders
#- 1.The chamber summons dated 10/9/2025 is struck out
- 2.No orders as to costs
- 3.The court exercises restraint on the question of jurisdiction of the Deputy Registrar on taxation matters
- Jurisdiction invoked
- Rule 11 of the Advocates Remuneration Order 2014 (reference against a taxing master's ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Trans Nzoia v Munene (Environment and Land Case 1 of 2017) [2025] KEELC 8189 (KLR)", Case Analysis (2025). Chamber Summons dated 10/9/2025 (within the main suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8189/eng@2025-11-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.