Sehmi v Sehmi & 4 others (Environment and Land Case 659 of 2017) [2026] KEELC 1932 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a challenge to a taxed legal bill because the objection was filed late without asking for more time.
What this practically means
#Executive summary
#Key legal issues
#Competency of the reference for non-compliance with Rule 11(1) of the Advocates Remuneration Order
The notice of objection was filed over a month after the taxation ruling, outside the 14-day period, and no application for extension of time was made; the reference was therefore struck out as incompetent
Rule 11(1) requires a notice of objection within fourteen days of the taxing officer's decision. The Applicant filed on 23rd October 2024 against a ruling delivered 17th September 2024, and did not seek enlargement of time under Rule 11(4) with a satisfactory explanation for the delay. Citing Salat and Mwicigi, the court held timelines under the rules are substantive, equity aids the vigilant, and the defective notice rendered the reference invalid.
Whether the court should address the merits of the taxation complaints
No; having found the reference incompetent, the court declined to make findings on the merits
The court held that a finding of incompetence disposes of the reference without any need to consider the alleged errors of principle in the taxation, including the valuation of the subject matter and the treatment of instruction fees.
Legal principles established
#- The time for filing a notice of objection under Rule 11(1) of the Advocates Remuneration Order runs from the date of the taxation ruling, and an out-of-time reference without an extension of time under Rule 11(4) is incompetent
- Enlargement of time under Rule 11(4) must be sought through an appropriate application supported by a satisfactory explanation for the delay
- Once a reference is found incompetent, the court need not consider its merits
Court orders
#- 1.The Applicant's Reference by way of the Chamber Summons dated 17th December 2024 is struck out for being incompetent due to the filing of the Notice of Objection and the Chamber Summons out of time
- 2.The Respondent shall have the costs of the reference
- Jurisdiction invoked
- Rule 11(2) of the Advocates Remuneration Order (reference against a Taxing Master's decision); Rule 11(4) on enlargement of time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sehmi v Sehmi & 4 others (Environment and Land Case 659 of 2017) [2026] KEELC 1932 (KLR)", Case Analysis (2026). Chamber Summons dated 17th December 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1932/eng@2026-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.