J.M. Njenga & Co. Advocates LLP v Kimuri Housing Company Ltd (Environment and Land Miscellaneous Application E129 of 2023) [2026] KEELC 4391 (KLR)
The bottom line
#A Kenyan court confirmed that advocates must obtain a judge's leave before appealing a fee-taxation ruling, and granted it here because appeals are a constitutional right.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant demonstrated sufficient cause to warrant leave to appeal the Ruling of 24th March 2025 on a reference
Leave was granted: the application was filed within two weeks (no inordinate delay) and the intended appeal was treated as arguable, with the court holding that since an appeal is a constitutional right it could not deny an aggrieved party leave
The court applied paragraph 11(3) of the Advocates Remuneration Order, 2014, which requires leave of the judge before appealing a decision on a reference. It adopted the test in Onindo & Associates Advocates v Gatatha Farmers Co Limited, that the applicant must show legitimately arguable points creating a realistic possibility of success. It found the two-week delay excusable and reasoned that because an appeal is a constitutional right, an aggrieved party cannot be denied leave. The motion was allowed with no order as to costs.
Legal principles established
#- A person aggrieved by a judge's decision on a reference under the Advocates Remuneration Order may appeal to the Court of Appeal only with the leave of the judge
- In deciding whether to grant leave, the court considers whether there is a realistic possibility of success on the intended appeal
- A party who does not seek leave to appeal a decision on a reference lacks standing before the Court of Appeal
Court orders
#- 1.Leave granted to the Applicant to Appeal against the Court's Ruling of 24th March 2025
- 2.Notice of Motion dated 8th April 2025 allowed
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Paragraph 11(3) of the Advocates Remuneration Order, 2014 (leave of the judge to appeal a ruling on a reference); Articles 48 and 50 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "J.M. Njenga & Co. Advocates LLP v Kimuri Housing Company Ltd (Environment and Land Miscellaneous Application E129 of 2023) [2026] KEELC 4391 (KLR)", Case Analysis (2026). ELC L MISC. NO. E129 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4391/eng@2026-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.