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ELCPartially AllowedMisc. Civil Application No. E202 of 2022· [2026] KEELC 4797 (KLR)

Chaudhri & Associates v Registered Trustees of Sheikh Zayeed Bin Sultan Al-Nahyan (Miscellaneous Civil Application E202 of 2022) [2026] KEELC 4797 (KLR)

Environment and Land Court
21 July 2026
5,093 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~20 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling of the Environment and Land Court at Nairobi (J. G. Kemei, J) determines two applications arising from the taxation of an Advocate-Client Bill of Costs in which the Taxing Master certified Kshs. 22,452,846.32 due to the Advocate, Chaudhri & Associates, against the Client, the Registered Trustees of Sheikh Zayed Bin Sultan Al-Nahyan. The Client's Chamber Summons sought to set aside the taxation of numerous items and a re-assessment; the Advocate's Notice of Motion under Section 51(2) of the Advocates Act sought adoption of the Certificate of Costs as a judgment with interest. The court framed three issues. First, it held the Client's reference incompetent because no Notice of Objection to taxation was ever filed as mandated by Rule 11 of the Advocates (Remuneration) Order, the notice being analogous to a memorandum of appeal; on that ground alone the application failed. Second, on the merits, the court found no error of principle: VAT at 16% is a statutory charge, the 50% increment is prescribed by Schedule VI Part B for advocate-client bills, and 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, no prejudice was shown. Several items complained of were unknown to the record. Third, the reference having failed, the certificate remained unaltered and final; following Lubulellah and the Supreme Court's decision in Kenya Airports Authority v Otieno Ragot, judgment was entered for the Advocates in the certified sums across the consolidated files (E202, E203 and E204), with interest at 14% per annum from 24/3/2026 under Section 26 of the Civil Procedure Act. The Client's application was dismissed with costs; the Advocate's applications were allowed with costs.

Key legal issues

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01

Competency of the Client's reference under Rule 11 of the Advocates (Remuneration) Order

Holding

The reference was incompetent because no notice of objection to taxation was ever filed, not even an incompetent one

Reasoning

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.

p. 10
02

Whether the Taxing Master erred in principle

Holding

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

Reasoning

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.

p. 12
03

Entry of judgment on the Certificate of Costs under Section 51(2) of the Advocates Act

Holding

Judgment was entered for the Advocate in the certified sum as the certificate remained unaltered after the reference was dismissed

Reasoning

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.

p. 14

Legal principles established

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  • 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

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  1. 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. 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. 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. 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. 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. 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

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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, "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.