Chaudhri & Associates v Registered Trustees of Sheikh Zayeed Bin Sultan Al-Nahyan (Miscellaneous Civil Application E202 of 2022) [2026] KEELC 4797 (KLR)
The bottom line
#A Kenyan court ordered a client to pay its lawyers over Kshs. 22 million in legal fees after the client missed the mandatory 14-day deadline to object to the taxed bill of costs.
What this practically means
#Executive summary
#Key legal issues
#Competency of the Client's reference under Rule 11 of the Advocates (Remuneration) Order
The reference was incompetent because no notice of objection to taxation was ever filed, not even an incompetent one
Rule 11(1) obliges an aggrieved party to give written notice of the items objected to within 14 days. The notice must specify the items and must not be omnibus. The court likened the notice to a memorandum of appeal. Following Machira and Chadha, the court struck out the reference, finding the filing of the Chamber Summons alone cannot ground a reference.
Whether the Taxing Master erred in principle
No error of principle was established; the alleged errors concerning VAT, the 50% increment and costs of taxation were all lawful exercises of statutory obligation or discretion
VAT at 16% is a statutory charge on legal fees; the 50% increment is prescribed by Schedule VI Part B for advocate-client bills; costs of taxation follow the event under Section 27 of the Civil Procedure Act. Although the Taxing Master erred in treating the bill as unopposed, the client showed no prejudice. Several items complained of were unknown to the court record.
Entry of judgment on the Certificate of Costs under Section 51(2) of the Advocates Act
Judgment was entered for the Advocate in the certified sum as the certificate remained unaltered after the reference was dismissed
Section 51(2) renders the certificate final as to quantum unless set aside or altered. Relying on Lubulellah and the Supreme Court's Kenya Airports Authority decision, once the reference failed no other step remained but entry of judgment; no fresh suit is needed. Interest was awarded at 14% per annum under Section 26 of the Civil Procedure Act because the claim for interest had been included in the bill but Rule 7 was inapplicable on the facts as guided by Otieno Ragot.
Legal principles established
#- A notice of objection to taxation is mandatory and must specify the items objected to within 14 days; without it a reference is incompetent
- A court cannot interfere with a Taxing Master's decision absent error of principle or a manifestly excessive award
- Once a certificate of costs is issued and no competent reference is pending or has succeeded, the certificate is final as to quantum and judgment may be entered under Section 51(2) of the Advocates Act
Court orders
#- 1.The Chamber Summons dated 9/2/2026 filed in ELC Misc. E202, E203 and E204 of 2022 is dismissed with costs to the Advocates
- 2.The Notices of Motion dated 29/5/2026 in ELC Misc. E202, E203 and E204 of 2022 are allowed and judgment entered for the Advocates against the Client
- 3.In Misc. ELC E203 of 2022, judgment for Kshs. 21,027,030.00 with interest at 14% per annum from 24/3/2026 till payment in full
- 4.In Misc. ELC E203 of 2022 (as numbered in the ruling), judgment for Kshs. 21,415,441.50 with interest at 14% per annum from 24/3/2026 till payment in full
- 5.In Misc. ELC E204 of 2022, judgment for Kshs. 22,452,846.32 with interest at 14% per annum from 24/3/2026 till payment in full
- 6.The Advocates are awarded costs for both applications
- Jurisdiction invoked
- Rule 11(4) of the Advocates (Remuneration) Order; Section 51(2) of the Advocates Act; Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chaudhri & Associates v Registered Trustees of Sheikh Zayeed Bin Sultan Al-Nahyan (Miscellaneous Civil Application E202 of 2022) [2026] KEELC 4797 (KLR)", Case Analysis (2026). Misc. Civil Application No. E202 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4797/eng@2026-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.