Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedCause No 842 (N) of 2010· [2015] KEELRC 750 (KLR)

Kenya Union of Entertainment and Music Industry Employees v Vanguard Limited [2015] KEELRC 750 (KLR)

Employment and Labour Relations Court
3 July 2015
702 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court slashed an advocate's taxed costs from Kshs 89,285 to Kshs 31,815, ruling that motion applications without a full trial earn far less than fresh suits.

What this practically means

#

Executive summary

#
This ruling of the Employment and Labour Relations Court at Nairobi, delivered by Principal Judge Mathews Nderi Nduma on 3 July 2015, determines a challenge to a taxation ruling of 30 May 2014 which had allowed costs of Kshs 89,285 in favour of the Grievants. The Applicant challenged Items 2, 3, 6, 9, 11 and the aggregate of the bill taxed under the Advocates Remuneration Order 2009, Schedule VI. On Item 2, the court held that the taxing master erred in applying paragraph 1(b), which governs institution of a fresh suit, to a Notice of Motion filed after the suit had been heard and determined by grievants who were not original parties; the motion was necessitated by the Claimant's conduct, and the Kshs 49,000 award was reduced to Kshs 10,000. On Item 3, getting up fees of Kshs 16,000 were found unjustified since there was no full trial, both applications having been disposed of on affidavit evidence, but Kshs 8,000 was substituted to reflect the preparation involved. Item 6 was disallowed as the underlying application was never served or heard. Items 9 and 11 (court attendance) and Items 19 to 23 were left undisturbed. The aggregate taxed costs were revised downward to Kshs 31,815. No costs order appears on the face of the ruling.

Key legal issues

#
01

Correct schedule item for costs of a post-judgment Notice of Motion by a non-original party

Holding

The taxing master erred in applying paragraph 1(b) as if it were a fresh suit; costs reduced to Kshs 10,000

Reasoning

The Notice of Motion was filed after the suit had been heard and determined, by grievants who were not parties to the original suit. The motion was necessitated by the Claimant's conduct in converting the grievants' money, not by the Applicant. Because the application was dealt with by written submissions and did not institute a fresh suit, paragraph 1(b) was inapposite and the Kshs 49,000 award was excessive.

p. 2
02

Entitlement to getting up fees where there was no full trial

Holding

Getting up fees of Kshs 16,000 disallowed but replaced with Kshs 8,000 for preparation on affidavit evidence and written submissions

Reasoning

Getting up fees attach to a matter proceeding to full trial involving preparation of witnesses, statements, lists of documents and submissions. Here there was no trial; two applications were disposed of on affidavit evidence. Nonetheless, conduct of a suit by affidavit evidence and written submissions, though lighter work, still entails some preparation and getting up justifying a reduced award.

p. 2
03

Costs for an application neither served nor heard (Item 6)

Holding

No amount allowable beyond Kshs 735 in the revised computation

Reasoning

The application dated 29 May 2013 was never served on the Applicant and was never heard; the court found no amount allowable under this head of the bill of costs.

p. 2

Legal principles established

#
  • A notice of motion application disposed of by written submissions cannot be equated to a fresh suit for purposes of costs under Schedule VI paragraph 1(b)
  • Getting up fees are payable only where a matter proceeds to full trial, though lighter preparation in affidavit-based litigation still merits some remuneration

Court orders

#
  1. 1.Item 2 reduced from Kshs 49,000 to Kshs 10,000
  2. 2.Item 3 getting up fees reduced from Kshs 16,000 to Kshs 8,000
  3. 3.Item 6 reduced to Kshs 735
  4. 4.Items 9, 11 and 19 to 23 as taxed left undisturbed
  5. 5.Aggregate amount revised to Kshs 31,815

Authorities

#

Legislation

  • Advocates Remuneration Order 2009Schedule VI paragraph 1(b)
  • Advocates Remuneration Order 2009Schedule VI paragraph 1(o)(vi)

Cases cited (1)

  • Ramesh N. Patel Vs Attorney General and Another
    Nakuru HCCC No 1 of 2009
Jurisdiction invoked
Reference against a Ruling on taxation of a Bill of Costs in Employment and Labour Relations Court Cause No 842 (N) of 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Union of Entertainment and Music Industry Employees v Vanguard Limited [2015] KEELRC 750 (KLR)", Case Analysis (2015). Cause No 842 (N) of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/750/eng@2015-07-03

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