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ELCAllowed· [2026] KEELC 1430 (KLR)

Muathe & others v Kenya Pipeline Company Limited & 5 others (Environment and Land Petition 15 of 2019) [2026] KEELC 1430 (KLR)

High Court of Kenya
12 March 2026
EOE. O. Obaga
757 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court allowed a former client's bill of legal fees to be taxed immediately, even before their main petition is heard.

What this practically means

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Executive summary

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This ruling by Obaga J determines a Chamber Summons dated 19th August 2025 in which some of the Petitioners (the Applicants) sought directions under Section 49(d) of the Advocates Act. The Applicants had withdrawn from the petition, discharged the firm of Maanzo & Co. Advocates, and instructed Muriithi S. Kiragu & Co. Advocates. Maanzo & Co. Advocates then filed an advocate/client bill of costs for taxation, and the Applicants sought directions on whether that bill should be taxed before or after the petition was concluded. Maanzo & Co. Advocates opposed, contending that Section 49(d) is not mandatory, that they were simply recovering costs incurred, and that the court had no jurisdiction to stop the Deputy Registrar from taxing the bill. The court identified a single issue: whether the bill should be taxed before the petition was heard and determined. It held that both parties had misunderstood Section 49(d): the provision simply allows any party, after a bill has been filed and before a suit is set down for hearing, to take out a summons for directions on the timing of taxation; it is neither a precondition to filing a bill nor a jurisdictional bar. Since the petition had not been set down for hearing and the Applicants had already terminated the advocate's services and engaged new counsel, the court saw no point in deferring taxation. It directed that the taxing officer proceed to tax Maanzo & Co. Advocates' bill before the petition is heard. No costs order was made.

Key legal issues

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01

Whether the advocate/client bill of costs should be taxed before the hearing and determination of the petition

Holding

Yes. Section 49(d) of the Advocates Act permits a party, after a bill is filed and before the suit is set down for hearing, to seek directions on taxation before the suit is heard. Since the petition had not been set down for hearing and the applicants had terminated the advocate's instructions, there was no purpose in deferring taxation.

Reasoning

The court found both parties had misunderstood Section 49(d): it is not a precondition to filing a bill, as the applicants argued, nor does it oust the court's jurisdiction, as the respondent argued. It simply empowers any party to seek directions on the timing of taxation. The petition was not set down for hearing, and the applicants had already engaged new advocates, so the bill for costs already incurred could be taxed immediately.

p. 2

Legal principles established

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  • Under Section 49(d) of the Advocates Act, after a bill of costs has been filed but before the suit is set down for hearing, any party to the action may take out a summons for directions as to whether the bill should be taxed before the suit is heard.
  • Where an advocate's instructions have been terminated, there is no need to await the hearing of the main suit before the advocate's bill of costs is taxed.

Court orders

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  1. 1.The taxing officer shall proceed to tax the bill of costs filed by the firm of Maanzo & Co. Advocates before the petition is heard
Jurisdiction invoked
Section 49(d) 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, "Muathe & others v Kenya Pipeline Company Limited & 5 others (Environment and Land Petition 15 of 2019) [2026] KEELC 1430 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1430/eng@2026-03-12

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