Chaudhri Associates v Registered Trustees of Sheikh Zayeed Bin Sultan Al-Nahyan (Miscellaneous Civil Application E203 of 2022) [2026] KEELC 4799 (KLR)

Rule 11 of the Advocates Remuneration Order mandates an aggrieved party to file a notice of objection within 14 days, specifying the items objected to. The notice is the equivalent of a memorandum of appeal. On perusal of the record, none was filed. Following Twiga Motors and the Court of Appeal in Machira, and persuaded by Chadha v Chaudhri & Associates where a reference was struck out for non-filing of a notice of objection, the court found the application incompetent and dismissed it on this ground alone.

The court noted the Client did in fact oppose the Bill by submissions dated 8/12/2025, so the Taxing Master erred in finding the Bill unchallenged, but since reasons were given for each item and no prejudice was shown, interference was not warranted. VAT is a statutory charge under the VAT Act; the 50% increment is prescribed by Part B of Schedule VI of the Advocates (Remuneration) (Amendment) Order, 2014 for Advocate-Client bills; and costs of taxation follow the event under section 27 of the Civil Procedure Act. Further, the items submitted on were largely unknown to the court, as the Bill before it had only 6 items plus VAT and the increment.

Section 51(2) makes the certificate of the taxing officer final as to the amount of costs unless set aside or altered by the Court, and permits judgment to be entered for the sum certified where the retainer is not disputed. Relying on Lubulellah & Associates and the Supreme Court's decision in Kenya Airports Authority v Otieno Ragot, and since the Client's Reference had been disallowed, the court entered judgment for the certified sum. On interest, since the Bill included a charge for interest, Rule 7 did not apply and the court exercised discretion under section 26 of the Civil Procedure Act to award 14% per annum from 24/3/2026, one month after issuance of the Certificate of Costs.