Mulandi t/a Mulandi & Mulandi Company Advocates v Mutisya & another (Miscellaneous Application E001 of 2026) [2026] KEELC 4531 (KLR)
The bottom line
#Kenya's Environment and Land Court can tax advocates' bills of costs from its own cases, so lawyers need not file them in the High Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction to tax Advocate/Client bills of costs
Yes - the Deputy Registrar, Environment and Land Court has jurisdiction to tax such bills relating to matters heard by the ELC.
Paragraph 10 of the Advocates Remuneration Order predates the Constitution 2010, when only the High Court had Registrars. The Constitution created specialised courts with the status of the High Court under Article 162(2), whose Registrars and Deputy Registrars perform equivalent functions, including taxation under Sections 9 and 11 of the ELC Act. A literal reading would produce the absurdity that parties in specialised courts could never be awarded costs, contrary to Section 13(7) of the ELC Act. Authorities support this.
Nature of a challenge to jurisdiction as a preliminary objection
A challenge to jurisdiction is a pure point of law properly taken as a preliminary objection.
Applying Mukisa Biscuit and Lillian S, the court noted consensus that jurisdiction is conferred by Constitution or statute, cannot be conferred by consent, and without it proceedings must stop.
Legal principles established
#- The Deputy Registrar of the Environment and Land Court has jurisdiction to tax Advocate/Client bills of costs arising from matters heard by that court, notwithstanding the wording of paragraph 10 of the Advocates Remuneration Order.
Court orders
#- 1.A finding that the Deputy Registrar, Environment and Land Court at Kwale has the requisite jurisdiction to tax the Advocate/Client Bill of Costs filed herein
- 2.A finding that the Miscellaneous Application was properly filed before the Environment and Land Court
- Jurisdiction invoked
- Paragraph 12 of the Advocates Remuneration Order (reference by the Deputy Registrar for opinion of the High Court/judge in chambers)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mulandi t/a Mulandi & Mulandi Company Advocates v Mutisya & another (Miscellaneous Application E001 of 2026) [2026] KEELC 4531 (KLR)", Case Analysis (2026). Reference from taxation - Kwale ELC (Miscellaneous Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4531/eng@2026-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.