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ELCDismissedMombasa ELCLMISC/E082/2024 (Reference)· [2026] KEELC 1132 (KLR)

Museni & another v John Bwire & Associates Advocates (Environment and Land Miscellaneous Case E098 of 2025) [2026] KEELC 1132 (KLR)

Environment and Land Court of Kenya
2 March 2026
AOAntony O. Ombwayo
1,715 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The court threw out a challenge to a Kshs 973,540 fee bill because the clients filed their objection too early, before receiving the taxing officer's reasons.

What this practically means

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Executive summary

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The applicants, Hanif Shaji Museni and Sheila Hassan Museni, moved the Environment and Land Court at Mombasa under Section 89 of the Civil Procedure Act and Rule 11 of the Advocates (Remuneration) Order, seeking dismissal, variation or setting aside of a ruling by Deputy Registrar Hon. Christopher Yalwala delivered in Mombasa ELCLMISC/E082/2024, in which the taxing master taxed an advocate-client bill of costs at Kshs. 973,540/=. The bill arose from proceedings in Mombasa ELC Case No. 287 of 2016. The applicants contended that the taxing master failed to exercise his discretion judiciously, did not give reasons, ignored evidence of fees agreed and previously paid, and arrived at an award that was manifestly excessive and oppressive, with execution proceedings already commenced against them. The respondent advocate opposed, arguing the reference was premature and incompetent because it offended the mandatory provisions of paragraph 11 of the Advocates Remuneration Order: although the applicant filed a notice of objection, it did not await the taxing officer's reasons before filing the reference, thereby failing to invoke the court's jurisdiction; it also argued no error of principle was demonstrated and the court will not interfere with an experienced taxing officer's award merely because it seems high or low. The court framed a single issue: whether the application was properly before it. It found the notice of objection was given within 14 days but the applicant did not wait for the lapse of 14 days or for the taxing officer's reasons before filing the reference. Holding Rule 11 to be mandatory, the court dismissed the reference with no order as to costs.

Key legal issues

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01

Whether the reference was properly before the court under Rule 11 of the Advocates Remuneration Order

Holding

The reference was premature and improperly before the court because the applicant, though filing the notice of objection within 14 days, did not wait to receive the taxing officer's reasons before filing the reference

Reasoning

Paragraph 11 of the Advocates Remuneration Order prescribes a mandatory two-step process: a notice of objection within 14 days, followed by the taxing officer recording and forwarding reasons, after which the objector may within 14 days of receipt of the reasons apply to a judge by chamber summons. The court found the applicant gave the notice in time but filed the reference before the lapse of the 14 days and without the taxing officer's reasons, thereby failing to invoke the court's jurisdiction properly.

p. 3

Legal principles established

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  • An objector to a taxing officer's decision must follow the mandatory procedure in paragraph 11 of the Advocates Remuneration Order, including obtaining the taxing officer's reasons, before filing a reference to a judge.
  • A court will only interfere with a taxing officer's decision where it is based on an error of principle or where the award is so high or so low as to amount to an injustice.

Court orders

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  1. 1.The reference is dismissed with no order as to costs
Jurisdiction invoked
Section 89 of the Civil Procedure Act and Rule 11 of the Advocates (Remuneration) Order; Section 51(2) of the Advocates Act

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, "Museni & another v John Bwire & Associates Advocates (Environment and Land Miscellaneous Case E098 of 2025) [2026] KEELC 1132 (KLR)", Case Analysis (2026). Mombasa ELCLMISC/E082/2024 (Reference). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1132/eng@2026-03-02

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