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ELCPartially AllowedNot stated in the judgment as provided

Bundi v Wambu t/a Chador Auctioneers (Environment and Land Miscellaneous Case E036 of 2024) [2026] KEELC 987 (KLR)

Environment and Land Court
24 February 2026
3,759 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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The Thika Environment and Land Court gave a client a second chance after an advocate's mistake and threw out a KES 9.65 million taxation ruling that ignored a contract.

What this practically means

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Executive summary

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The Applicant, Baruthi Bundi, moved the Environment and Land Court at Thika by notice of motion filed on 04/04/2025 seeking leave for new advocates (M/S KN Law LLP), enlargement of time, admission of an appeal out of time, stay of execution, and setting aside or remittal of a Taxation Ruling delivered by Honourable James Wanyanga on 20 March 2025 in favour of the Respondent, Eliud C. Wambu, for approximately KES 9.65 million. The Applicant blamed former advocates for the 15-day delay, and attacked the Ruling on the ground that the Taxing Officer ignored a written service agreement dated 26/08/2022 fixing fees and taxed eviction and demolition costs not found in the Auctioneers Act Schedule, relying also on an unserved valuation report by PJ Crafts Limited. The Respondent opposed, characterising the application as a tactical delay, asserting constructive notice via the Court's Case Tracking System, and seeking a conditional stay requiring a full deposit of KES 9,653,000. The Court framed five issues. Applying Salat v IEBC and Habo Agencies, it held the 15-day delay non-inordinate and that mistake of Counsel should not be visited on a prompt litigant. On the merits, applying Letshego and Macfoy, it found a prima facie jurisdictional error: if the Taxing Officer ignored a valid contract, he acted without jurisdiction and the Ruling was potentially a nullity. On stay, execution on a nullity would cause substantial loss, and a demand for the full sum as security would be punitive. The Court granted leave, extended time, admitted the appeal, stayed execution on condition of a KES 1,000,000 (10%) deposit within 30 days, set the Taxation Ruling aside in its entirety, remitted the Bill of Costs for fresh taxation before a different Taxing Master applying the contractual rates, and awarded the Applicant the costs of the application.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether application for the enlargement of time is merited
  2. 2.Whether the Taxing Master was right in the approach taken
  3. 3.Whether application for stay is merited
  4. 4.What reliefs should the Court issue
  5. 5.Who bears the costs of this application

Key legal issues

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01

Whether enlargement of time to file the appeal against the Taxation Ruling was merited

Holding

Yes. The 15-day delay was non-inordinate, blame lay with former Counsel, and the Applicant acted promptly on discovery.

Reasoning

The Court weighed the strict 7-day limit under Rule 55(5) of the Auctioneers Rules against Article 159(2)(d) of the Constitution. Relying on Salat v IEBC and Habo Agencies, it held extension is an equitable remedy for diligent parties, but found constructive notice through the CTS did not make the Applicant indolent given prompt change of Counsel and filing of the application.

p. 6
02

Whether the Taxing Master's approach was right

Holding

No. The Taxing Officer may have ignored a binding service agreement dated 26/08/2022 and taxed items not in the Auctioneers Act Schedule, acting without jurisdiction.

Reasoning

Rule 55 of the Auctioneers Rules allows fees to be governed by contract rather than the Fourth Schedule. The Taxing Officer admitted eviction and demolition costs were not in the Schedule yet taxed them anyway. Applying Letshego and MacFoy, the Court found a prima facie jurisdictional error rendering the Ruling potentially a nullity.

p. 7
03

Whether stay of execution was merited

Holding

Yes. Execution on a potentially null Ruling would cause substantial loss; the Respondent's demand for KES 9.65 million security was punitive.

Reasoning

Applying Order 42 Rule 6(2) and Kenya Shell v Kibiru, the Court held that while paying a lawful debt is not ordinarily substantial loss, executing a Ruling that ignored a binding contract would cause irreparable harm, particularly as the Respondent did not demonstrate ability to refund. A 10% deposit was imposed as a condition.

p. 7

Legal principles established

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  • A mistake of an Advocate should not be visited upon a litigant who acted promptly upon discovery; a 15-day delay is not inordinate
  • Where a contract governs fees, a Taxing Officer who ignores it acts without jurisdiction and erred in principle
  • Execution on a Ruling that is a jurisdictional nullity constitutes substantial loss
  • A punitive security demand that ties up the suit sum effectively sells justice

Court orders

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  1. 1.Leave granted for M/S KN Law LLP to come on record
  2. 2.Application for enlargement of time granted
  3. 3.Stay of execution of the Taxation Ruling of 20/03/2025 granted pending hearing and determination of the Appeal
  4. 4.Applicant to deposit KES 1,000,000 (10%) in a joint bank account with both Counsel as signatories within 30 days
  5. 5.In default of the deposit, stay to stand vacated and Respondent at liberty to proceed with execution
  6. 6.Taxation Ruling set aside in its entirety
  7. 7.Instant appeal admitted as duly filed and served upon payment of requisite fees
  8. 8.Respondent's Bill of Costs remitted for fresh taxation before a different Taxing Master, applying the rates agreed in the contract of 26/08/2022
  9. 9.Respondent to pay the Applicant the costs of the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Taxing Master (subordinate court, Thika)
Taxation Ruling dated 20 March 2025
Jurisdiction invoked
Sections 79G and 95 of the Civil Procedure Act (extension of time and admission of appeal out of time); Articles 48, 50 and 159 of the Constitution of Kenya, 2010

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

a. Leave is hereby granted for M/S KN Law LLP to come on record.
p. 7Change of advocates
b. The Application for enlargement of time is granted.
p. 7Extension of time
c. A Stay of Execution of the Taxation Ruling 20/03/2025 is hereby granted pending the hearing and determination of the Appeal.
p. 7Stay of execution
f. The Taxation Ruling is set aside in its entirety.
p. 8Setting aside taxation ruling
h. The Respondent's Bill of Costs is remitted for fresh Taxation before a difierent Taxing Master, with a specific instruction to apply the rates agreed upon in the contract of 26/08/2022.
p. 8Remittal for fresh taxation
j. The Respondent shall pay the Applicant the costs of this application.
p. 8Costs
A litigant should not lose a multi-million-shilling claim because an Advocate failed to check a computer system (CTS).
p. 6Mistake of counsel
In Letshego Kenya Limited v. Moiruri t/a Moco Auctioneers [supra], the High Court held that where a contract exists, the Taxing Master cannot resort to the statutory schedule.
p. 7Contract overriding Auctioneers Rules schedule

Issues in the judgment

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minor

Submissions dated 13/06/2025 and 4/07/2025 predate the court directions of 30/07/2025 on filing of submissions

minor

Applicant's filing date of 04/04/2025 is stated as 15 days post-Ruling, but the Ruling was dated 20/03/2025, making it 15 days only if counted from the alleged notice date of 25/03/2025; the judgment also says the delay was 9 days from actual notice

minor

Date of the Taxation Ruling is inconsistently given as 2/03/2025 and 20 March 2025

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, "Bundi v Wambu t/a Chador Auctioneers (Environment and Land Miscellaneous Case E036 of 2024) [2026] KEELC 987 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/987/eng@2026-02-24

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