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ELCStruck OutReference dated 12th November 2025 (ELC JR No. E005 of 2022, Kilgoris)· [2026] KEELC 802 (KLR)

Republic v Inspector General of Police & 3 others; Nkoimo & another (Interested Parties); Asanyo (Ex parte Applicant) (Environment and Land Judicial Review Case E002 of 2024) [2026] KEELC 802 (KLR)

Environment and Land Court
19 February 2026
MMM.N Mwanyale
2,091 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court struck out a late challenge to a taxed legal bill because the 14-day deadline under the Advocates Remuneration Order was missed without permission to file late.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kilgoris (M.N Mwanyale J) determined a reference dated 12th November 2025 by the Exparte Applicants against the decision of the Taxing Master (Deputy Registrar Hon. W.C Waswa) of 7th August 2025, taxing the Interested Parties' Party and Party Bill of Costs at Kshs 611,207.00, with instructions fees raised from Kshs 75,000 to Kshs 300,000. The applicants sought setting aside of the taxation and re-taxation before another taxing master, plus stay of execution. They argued that no reasons were issued for the taxation despite a notice of objection, so the reference was timely. The Respondent/Interested Parties countered that the ruling itself contained reasons, the certificate of costs had issued, execution was underway, and the reference filed on 12th November 2025 was out of time. The court framed four issues but disposed of the reference on competency alone. Applying Rule 11 of the Advocates Remuneration Order and the line of authority beginning with Ahmed Nassir v National Bank of Kenya and Kipkorir, Titoo & Kiara Advocates, it held that where reasons for taxation are contained in the ruling, no request for reasons is necessary and the reference must be filed within 14 days of the ruling. The last day was 21st August 2025; no leave for extension of time was sought under Rule 11(4). The reference, being incompetent, was struck out with costs to the Respondent and the stay orders were vacated, without addressing the merits.

Key legal issues

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01

Competency of the reference filed out of time

Holding

The impugned ruling contained the reasons for taxation, so the reference ought to have been filed within 14 days of 7th August 2025 (by 21st August 2025); no leave to enlarge time was sought under Rule 11(4), hence the reference is incompetent and struck out.

Reasoning

The court applied Rule 11 of the Advocates Remuneration Order. Following Ahmed Nassir v National Bank of Kenya, Kipkorir, Titoo & Kiara Advocates and other authorities, it held that where a ruling itself gives reasons, no separate request for reasons is required and the 14-day period runs from delivery of the ruling. The reference filed on 12th November 2025 was therefore out of time, and without an application for extension of time the court lacked jurisdiction to entertain it, without regard to merits.

p. 6

Legal principles established

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  • Where the reasons for the taxation on the disputed items are already contained in the considered ruling, the objector need not seek reasons and must file the reference within 14 days of the ruling; a reference filed out of time without leave under Rule 11(4) is incompetent.

Court orders

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  1. 1.The reference is struck out with costs to the Respondent
  2. 2.The stay orders are vacated

Authorities

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Legislation

  • Advocates Remuneration OrderRule 11(1), (2), (4); Second Schedule

Cases cited (7)

  • Kipkorir, Titoo and Kiara Advocates Vs. Deposit Protection Fund Board
    (2005) IKLR 528
  • Ahmed Nassir Vs. National Bank of Kenya
    2006 E.A
  • Evans Thiga Gaturu Advocate Vs. Kenya Commercial Bank Limited
    2012 eKLR
  • Outa Vs. Odooto and 3 Others
    Petition 6 of 2014 (2023) KLR
  • Republic Vs. Ministry of Finance Exparte Muchiri Njuguna and 6 Others
    2006 eKLR
  • Imarika Sacco Vs. Katana
    Miscellaneous Reference E015/2024 (2025) Ruling KEELRC 1135 (KLR)
  • Ms. Lubuleliah and Associates Advocates Vs. N.K Brothers Limited
    Miscellaneous Civil Case 52/2012 (2014) KEHC 7393
Jurisdiction invoked
Rule 11(4) of the Advocates Remuneration Order - reference against a taxing master's decision

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, "Republic v Inspector General of Police & 3 others; Nkoimo & another (Interested Parties); Asanyo (Ex parte Applicant) (Environment and Land Judicial Review Case E002 of 2024) [2026] KEELC 802 (KLR)", Case Analysis (2026). Reference dated 12th November 2025 (ELC JR No. E005 of 2022, Kilgoris). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/802/eng@2026-02-19

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