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ELCStruck OutChamber Summons application dated 5th June 2025 (Kajiado ELC)· [2026] KEELC 241 (KLR)

GN Thiong'o Advocates v Mailua Estates Limited (Environment and Land Miscellaneous Application E025 of 2022) [2026] KEELC 241 (KLR)

Environment and Land Court
28 January 2026
MMM.D. Mwangi
1,374 words in judgment
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The bottom line

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The Environment and Land Court in Kajiado struck out a client's challenge to a lawyer's fees because no written objection notice was filed first.

What this practically means

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Executive summary

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The Client/Applicant filed a Chamber Summons dated 5th June 2025 under Rules 11(2) and 61 of the Advocates Remuneration Order and Sections 1A, 1B and 3A of the Civil Procedure Code, seeking to set aside the Taxing Officer's (Hon. J. Kamau) Ruling of 12th July 2023, strike out the Advocate's Bill of Costs dated 29th June 2022, or in the alternative remit the bill to a different Taxing Officer. The dispute arose from legal fees billed for representation in Kajiado ELC Suit No. 504 of 2017 (formerly Machakos ELC No. 12 of 2014), in which the Client alleged the Advocate took an 'improper step' by filing a fresh suit instead of setting aside or appealing a Magistrate's Court order, resulting in the loss of 200 acres of land. The Applicant also complained the instruction and getting-up fees were manifestly high. The Advocate opposed, contending that no proper reference within rule 11 had been filed and that Rule 61 was inapplicable. M.D. Mwangi J framed the competence of the reference as the threshold issue. Relying on Twiga Motors Ltd v Dalmas Otieno Anyango and Machira & Co. Advocates v Author K. Magugu, the court held that rule 11 requires a written notice of objection specifying the items objected to within 14 days of the taxation, failing which a reference is incompetent. Finding no such notice on record - the Client had only sought extension of time to file a reference - the court struck out the application with costs to the Advocate and did not address the merits.

Key legal issues

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Competence of a reference challenging taxation filed without a prior notice of objection under rule 11(1) ARO

Holding

The reference is incompetent and must be struck out; the court did not reach the merits of the alleged misdirections by the Taxing Officer.

Reasoning

Rule 11 of the Advocates Remuneration Order provides the statutory mechanism and timelines for challenging a Taxing Master's decision, commencing with a written objection within 14 days specifying the items objected to. The Client only filed an application for extension of time and never lodged a compliant objection notice. Following Twiga Motors and Machira & Co. Advocates, non-compliance renders the reference fatally defective and incompetent.

p. 3

Legal principles established

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  • Failure to adhere to the procedure and timelines in rule 11 of the ARO renders a reference incompetent
  • A reference must be preceded by a notice of objection specifying the items of taxation objected to within 14 days

Court orders

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  1. 1.The Chamber Summons application dated 5th June 2025 is struck out with costs to the Advocate

Authorities

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Legislation

  • Advocates Remuneration OrderRule 11(1), 11(2)
  • Advocates Remuneration OrderRule 61
  • Civil Procedure Rules, 2010Order 52 Rule (2)(3)(1)
  • Civil Procedure Code, 2010Sections 1A, 1B and 3A

Cases cited (2)

  • Twiga Motors Limited v Hon. Dalmas Otieno Anyango
    (2015) eKLR
  • Machira & Co. Advocates v Author K. Magugu
    (2012) eKLR
Jurisdiction invoked
Rules 11(2) and 61 of the Advocates Remuneration Order, Order 52 Rule (2)(3)(1) of the Civil Procedure Rules, 2010, and Sections 1A, 1B and 3A of the Civil Procedure Code, 2010

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, "GN Thiong'o Advocates v Mailua Estates Limited (Environment and Land Miscellaneous Application E025 of 2022) [2026] KEELC 241 (KLR)", Case Analysis (2026). Chamber Summons application dated 5th June 2025 (Kajiado ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/241/eng@2026-01-28

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