Kundu t/a KN Wesutsa & Co Advocates v Ambulwa (Miscellaneous Application E085 of 2025) [2026] KEELC 3906 (KLR)
The bottom line
#A Kenyan court struck out an advocate's fee challenge because the work came from a succession case, which the Environment and Land Court cannot handle.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over a reference on a bill of costs arising from a succession matter
The court lacks jurisdiction; the drafting of the MOU and discharge of charge was done pursuant to orders in Kakamega HC Succession Cause No. E013 of 2021, a succession matter outside Article 162(2)(b) and section 13 of the ELC Act.
The court traced the history: the respondents were administrators in the succession cause; a consent dated 30th September 2024 required preparation of a discharge of charge for parcel Kakamega Municipality Block 1/101. The MOU of 5th January 2024 was made pursuant to court orders directing disposal of the estate. The joinder of the Land Registrar and KCB was for implementing the confirmed grant, not because it was a land case. Jurisdiction, once absent, compels the court to down its tools.
Whether the preliminary objection on the 14-day notice under paragraph 11(1) of the Advocates Remuneration Order needed determination
Not determined, because the court lacked jurisdiction to inquire into the reference at all.
The court held that once it found no jurisdiction, it could not proceed to determine whether the reference was filed in breach of Rule 11's notice requirement. The jurisdictional question was resolved first and dispositive of the whole application.
Legal principles established
#- The Environment and Land Court has no jurisdiction to determine references arising from taxation of bills of costs in respect of succession matters, even where the estate in issue is land.
- The filing of the bill of costs in the Environment and Land Court does not confer jurisdiction where the underlying instructions relate to a succession matter.
Court orders
#- 1.The Chamber summons dated 5th December 2025 is struck out
- 2.Costs of the reference awarded to the respondents
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya as read with section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kundu t/a KN Wesutsa & Co Advocates v Ambulwa (Miscellaneous Application E085 of 2025) [2026] KEELC 3906 (KLR)", Case Analysis (2026). Kakamega ELC Misc. Application No. E002 of 2025 (Reference by Chamber Summons dated 5th December 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3906/eng@2026-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.