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ELCAllowedPET.1.2024-NBI· [2026] KEELC 5237 (KLR)

Woodley Residents Welfare Association & 4 others v County Government of Nairobi & 6 others (Environment and Land Petition 1 of 2024) [2026] KEELC 5237 (KLR)

High Court of Kenya (court not expressly named on the face of the judgment)
6 August 2026
1,255 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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Kenya's High Court gave a litigant extra days to challenge a taxed costs bill, showing short, well-explained delays can be excused.

What this practically means

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Executive summary

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This is a ruling on a chamber summons dated 17/2/26 by the 3rd Petitioner, Peter Ngatia, seeking enlargement of time to file an objection to the Deputy Registrar's taxation ruling of 28/1/26, in which the 4th Interested Party's bill of costs was taxed at Kshs 335,195/-. The ruling had been emailed to the applicant on 30/1/2026 but was not seen in good time, so the objection - due within 14 days under paragraph 11 of the Advocates Remuneration Order - was filed out of time. The application followed the court's ruling of 7/10/24 striking out the applicant's petition as res judicata with costs to the 1st Respondent and the 4th Interested Party, and its subsequent dismissal of a stay application on 30/4/25, which necessitated an amended bill. The 4th Interested Party opposed the application as frivolous and aimed at delaying the realisation of taxed costs, arguing that no draft reference or grounds were annexed and no error of principle was pleaded. Delivering judgment on 6/8/2026, J. G. Kemei, Judge, applied section 95 of the CPR and the Supreme Court's principles in the Salat case on extension of time. The court found the annexed draft objection disclosed two grounds and that a notice of objection under paragraph 11 had been annexed; it accepted the applicant's explanation of the delay, found the delay of about 5 days not inordinate, and allowed the application so that the parties could be heard on the merits of the reference, with costs to the 1st Respondent and the 4th Interested Party.

Key legal issues

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01

Whether the delay of about 5 days in filing the objection to the Taxing Master's decision was excusable

Holding

Yes - the court found the reason plausible and the delay not inordinate, and allowed the application to enable the reference to be heard on the merits.

Reasoning

Applying section 95 of the CPR and the principles in the Salat case, the court considered the applicant's explanation that the emailed ruling was not seen in good time, found the delay to be only about 5 days, held it was not inordinate, and concluded the discretion should be exercised in the applicant's favour so the parties could be heard on the merits of the reference.

p. 5
02

Whether a draft notice of objection disclosing grounds was required before the extension could be granted

Holding

The court was satisfied that a notice of objection under paragraph 11 of the Advocates Remuneration Order had been annexed, stating two grounds: Item No. 1 on instructions, and justification for taxing an abandoned bill.

Reasoning

The 4th Interested Party argued that the applicant had annexed no draft reference or grounds and that interference with a Taxing Master's decision requires a demonstrable error of law or principle. The court examined the annexed draft objection, identified the two grounds it contained, and held that a notice of objection under paragraph 11 of the Advocates Remuneration Order had been annexed, curing the objection.

p. 5

Legal principles established

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  • Extension of time is an equitable remedy available to a deserving party, requiring the applicant to explain the delay, show it is not inordinate, and demonstrate absence of prejudice.

Court orders

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  1. 1.The application is allowed
  2. 2.The time for filing the objection to the Taxing Master's decision dated 28/1/26 is enlarged (objection deemed annexed/filed - notice of objection under paragraph 11 of the Advocates Remuneration Order found to have been annexed)
  3. 3.Costs of the application in favour of the 1st Respondent and the 4th Interested Party
Jurisdiction invoked
Section 95 of the Civil Procedure Act (CPR) - discretionary enlargement of time fixed or granted by the court

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, "Woodley Residents Welfare Association & 4 others v County Government of Nairobi & 6 others (Environment and Land Petition 1 of 2024) [2026] KEELC 5237 (KLR)", Case Analysis (2026). PET.1.2024-NBI. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5237/eng@2026-07-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.