Woodley Residents Welfare Association & 4 others v County Government of Nairobi & 6 others (Environment and Land Petition 1 of 2024) [2026] KEELC 5237 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the delay of about 5 days in filing the objection to the Taxing Master's decision was excusable
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.
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.
Whether a draft notice of objection disclosing grounds was required before the extension could be granted
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.
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.
Legal principles established
#- 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
#- 1.The application is allowed
- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.