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ELCDismissedChamber Summons dated 15th January 2026 (Environment and Land Case reference not stated)· [2026] KEELC 4217 (KLR)

Godad v Ahmed & 6 others (Environment and Land Case 4 of 2019) [2026] KEELC 4217 (KLR)

Environment and Land Court
9 July 2026
3,109 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Garissa dismissed a bid for more time to challenge a taxed costs decision, because four months of inaction went unexplained.

What this practically means

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Executive summary

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The Plaintiff applied by Chamber Summons dated 15th January 2026 for extension of time to object to a Taxing Officer's ruling dated 19th November 2024 and for leave to file a reference out of time under paragraph 11(4) of the Advocates (Remuneration) Order. The Plaintiff, through counsel Paul Amuga, explained that the ruling was not delivered on 1st November 2024 (a gazetted public holiday) and was uploaded to the Court Tracking System on 19th September 2025 without notice, being discovered by his advocates on 14th January 2026, with the application filed the following day. The Plaintiff argued the intended reference was arguable (challenging non-award of getting-up fees and the Kshs. 500,000 instruction fee) and that the Defendants, whose taxed costs remained unpaid, would suffer no prejudice. The Defendants opposed, contending the Plaintiff failed to explain approximately four months of inaction after the ruling became available on CTS, that advocates had a duty to monitor the taxation they instituted, and that the application was defective for want of a draft reference. The court framed two issues: whether the delay was satisfactorily explained, and whether discretion under paragraph 11(4) should be exercised. Applying the Supreme Court's Salat principles and the requirement to account for the entire period of delay, the court excused the pre-upload period but found the four months thereafter wholly unexplained. It held absence of notification was not a complete answer absent diligence, that arguability and absence of prejudice were not decisive, and that annexing a draft reference was not jurisdictional. The application was dismissed with costs to the Defendants and the file closed.

Key legal issues

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01

Whether the Plaintiff satisfactorily explained the delay

Holding

The court excused the period before the ruling was uploaded onto CTS but found the four-month period thereafter unexplained; no evidence of any step taken to ascertain the status of the taxation was offered

Reasoning

The Taxing Officer's ruling was uploaded onto CTS on 19th September 2025 and the Plaintiff's advocates discovered it on 14th January 2026. The court found no correspondence, inquiry, registry attendance, or monitoring of CTS during that period. Failure to notify parties is a relevant consideration but not a complete answer absent diligence by the applicant. Filing the application one day after discovery demonstrated post-discovery diligence only, not an explanation for the preceding inactivity.

02

Whether the discretion under paragraph 11(4) should be exercised in the Plaintiff's favour

Holding

Discretion refused; the equitable nature of the remedy required the applicant to demonstrate diligence, which was not shown

Reasoning

Applying the Supreme Court's principles in Nicholas Salat, County Executive of Kisumu and Mombasa County Government, the court held that extension of time is an equitable remedy requiring a deserving applicant. Lack of substantial prejudice to the Defendants was not decisive. The court found that allowing extension would reward passivity and shift responsibility for conduct of litigation from parties to the court.

p. 7

Legal principles established

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  • A party seeking extension of time must explain the entire period of delay to the satisfaction of the court; identifying the date action was eventually taken is insufficient.
  • Absence of formal notification of a ruling does not excuse an applicant who shows no diligence of his own in monitoring proceedings he instituted.
  • An arguable intended challenge does not confer an automatic right to extension of time.
  • Absence of a draft reference is not fatal to an application under paragraph 11(4) of the Advocates (Remuneration) Order.

Court orders

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  1. 1.The Plaintiff's Chamber Summons dated 15th January 2026 seeking enlargement of time to object to the decision of the Taxing Officer dated 19th November 2024 and to file a reference therefrom out of time is hereby dismissed.
  2. 2.The Plaintiff shall bear the Defendants' costs of the application.
  3. 3.The file is closed.
Jurisdiction invoked
Paragraph 11(4) of the Advocates (Remuneration) Order - discretion to enlarge time prescribed under paragraphs 11(1) and (2)

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, "Godad v Ahmed & 6 others (Environment and Land Case 4 of 2019) [2026] KEELC 4217 (KLR)", Case Analysis (2026). Chamber Summons dated 15th January 2026 (Environment and Land Case reference not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4217/eng@2026-07-09

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