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ELCStruck OutChamber Summons dated 10/9/2025 (within the main suit)· [2025] KEELC 8189 (KLR)

County Government of Trans Nzoia v Munene (Environment and Land Case 1 of 2017) [2025] KEELC 8189 (KLR)

Environment and Land Court
26 November 2025
692 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling of the Environment and Land Court at Kitale (C.K. Nzili, J) delivered on 26 November 2025 on a chamber summons dated 10 September 2025. The applicant, an advocate, sought to set aside a taxation decision of 28 August 2025 in which the taxing master declined jurisdiction over what was an amended party-to-party bill of costs dated 3 June 2025 filed by the 4th defendant, and sought that the court re-tax the advocate's client bill of costs dated 24 June 2025. The deponent relied on a consent of 14 May 2024 settling the suit, under which costs were awarded to the 4th defendant and to be borne equally by the plaintiff and the 6th defendant, and on an unsuccessful attempt to agree costs with the 6th defendant. The application was opposed by grounds of opposition dated 6 October 2025. The court held that what was filed was not a reference under Rule 11 of the Advocates Remuneration Order 2014: a reference must be brought by chamber summons under paragraph 11 within 14 days of the taxing master's ruling, which would have required filing by 12 September 2025, and merely filing a chamber summons in the same file and assuming it to be a reference did not suffice. Applying Evans Thiga Gaturu v Kenya Commercial Bank Limited, the court held that jurisdiction must be properly invoked and declined to pronounce on the legality of the taxing master's decision, also exercising restraint on the Deputy Registrar's taxing jurisdiction. The chamber summons was struck out with no orders as to costs.

Key legal issues

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01

Whether the application was a valid reference under paragraph 11 of the Advocates Remuneration Order

Holding

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.

Reasoning

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.

p. 2
02

Whether the court could pronounce itself on the legality of the taxing master's decision without a proper reference

Holding

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.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The chamber summons dated 10/9/2025 is struck out
  2. 2.No orders as to costs
  3. 3.The court exercises restraint on the question of jurisdiction of the Deputy Registrar on taxation matters

Authorities

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Legislation

  • Advocates Remuneration Order 2014Rule 50, Schedule VI (Part A)
  • Advocates Remuneration Order 2014Paragraph 11(2)

Cases cited (1)

  • Evans Thiga Gaturu -vs- Kenya Commercial Bank Limited
    [2012] eKLR
Jurisdiction invoked
Rule 11 of the Advocates Remuneration Order 2014 (reference against a taxing master's ruling)

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, "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.