Masiodo v Selei (Environment and Land Case 499 of 2017) [2026] KEELC 2306 (KLR)
The bottom line
#A Kajiado court gave a late objector 21 days to challenge a taxed legal costs bill, but only after paying Kshs 150,000 into court.
What this practically means
#Executive summary
#Key legal issues
#Whether enlargement of time to file a Notice of Objection out of time should be granted
The court found sufficient grounds to exercise its discretion in the Applicant's favour, accepting the explanation of advocate's error and financial constraints of a casual labourer.
The Applicant missed the 14-day period under Rule 11(1) of the Advocates (Remuneration) Order. Although extension is discretionary and equity-based, the court accepted that the Applicant had been served on 19th May 2025, had instructed advocates who failed to file, and had financial constraints as a casual labourer. Once he obtained funds he instructed another advocate who discovered the omission. The court found these sufficient grounds to enlarge time.
Whether stay of execution of the taxation ruling should be granted
Stay of execution granted subject to deposit of Kshs 150,000 in court within 21 days, balancing the interests of both parties.
Applying Order 42 rule 6(2) and the Vishram Ravji Halai conditions (sufficient cause, substantial loss, security, no unreasonable delay), the court balanced the interests of the Applicant and Respondent and allowed stay to enable prosecution of the reference, conditioned on strict compliance with timelines and a deposit to minimize prejudice to the Decree Holder.
Legal principles established
#- Extension of time is not a right of a litigant but a discretionary power for which the litigant must lay a basis
- Stay of execution pending appeal under Order 42 rule 6 requires substantial loss, no unreasonable delay and security
Court orders
#- 1.Extension of time to file the Notice of Objection and Reference granted; Notice of Objection to be filed within 21 days
- 2.Stay of execution granted subject to deposit of Kshs 150,000 in court within 21 days
- 3.In default of compliance the Respondent shall be at liberty to execute
- 4.Each party shall bear their own costs of the Application
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Order 9, Order 22 Rule 22, Order 51 Rule 1 of the Civil Procedure Rules; Rule 11(1) and (2) of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masiodo v Selei (Environment and Land Case 499 of 2017) [2026] KEELC 2306 (KLR)", Case Analysis (2026). ELC No. 499 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2306/eng@2026-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.