AI Onyango & Co Advocates v Chege (Miscellaneous Cause E236 of 2021) [2026] KEELC 2080 (KLR)
The bottom line
#The High Court cancelled a lawyer's taxed fee bill of over Kshs. 432,000 because the client was never properly served, giving him a chance to challenge it.
What this practically means
#Executive summary
#Key legal issues
#Whether sufficient cause was shown to set aside the Certificate of Taxation
Yes - contested service and contradictory sworn averments on when the Client visited the Advocate's chambers warranted scrutiny of the service issue
The process server's affidavits of service were contested. The WhatsApp text with '2 ticks' did not indicate the recipient's phone number, so the court could not confirm service. Further, the Advocate's Reply stated the Client visited chambers on 4/9/2023 while the process server alleged 4/3/2024. Given the serious consequences flowing from the taxation and decree, closer scrutiny of service was warranted.
Whether leave should be granted to challenge the taxation of the Bill of Costs
Yes - the alleged Legal Fees Agreement of Kshs. 75,000/= raised a triable issue as to a retainer agreement ousting the costs from taxation
The Client contended there was a Legal Fees Agreement dated 16/10/2013 setting fees at Kshs. 75,000/=, of which Kshs. 40,000/= was paid. The court held this raised a triable issue as to whether a Retainer Agreement existed which ousts the costs from taxation, and that denying the Applicant an opportunity to challenge the Bill in the face of contested service would condemn him unheard contrary to Article 50 of the Constitution.
Legal principles established
#- A Certificate of Taxation is final as to the amount of costs unless set aside, but the court's inherent jurisdiction to intervene where sufficient cause is shown is not ousted
- Sufficient cause must be rational, plausible, logical, convincing, reasonable and truthful, leaving no unexplained gaps
Court orders
#- 1.The Certificate of Taxation issued on 23/10/2023 and the subsequent orders issued on 11/7/2024 adopting the certificate of taxation as a Decree of the Court are set aside
- 2.The Client/Applicant is granted conditional leave to file an objection and/or response against the Advocate's Bill of Costs within fourteen (14) days from the date of the ruling
- 3.The Warrant of Attachment issued herein is discharged
- 4.Each party shall bear its own costs of the application
- Jurisdiction invoked
- Sections 1A, 1B, 3A, 63(c) and (e) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules; inherent jurisdiction under Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "AI Onyango & Co Advocates v Chege (Miscellaneous Cause E236 of 2021) [2026] KEELC 2080 (KLR)", Case Analysis (2026). Notice of Motion dated 25/9/2025 (Ruling). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2080/eng@2026-04-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.