Fredrick Jacob Ochieng Obura & 7 others v Kisumu Municipal Council & another [2019] KEELRC 1193 (KLR)
The bottom line
#A Kenyan court set aside a Kshs 1 million costs award because the taxing officer skipped most items, confirming that 14 days run from receiving reasons, not the ruling date.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of the reference under Rule 11(1) and (2)
The letter of objection was out of time relative to the date of taxation, but the chamber summons was filed within 14 days of receipt of the taxing officer's reasons, so the reference was properly before the court.
Rule 11(2) allows an objector 14 days from receipt of the reasons for the decision to apply to a judge. Taxation occurred on 31st August 2018; the reasons were communicated on 1st October 2018 and the application was filed on 15th October 2018, within 14 days. The initial delay in lodging the objection with the taxing officer did not invalidate the reference.
Merits of the objections to the taxation
The taxing officer erred by failing to tax contested items 4 to 286 of the bill and by applying the wrong principle in taxing item 1, warranting setting aside of the taxation.
The court found, on the objections set out in paragraph 8(i)–(ix) of the supporting affidavit, that the taxing officer taxed only items 1, 2 and 3 without sound reasons for omitting items 4 to 286, and misapplied principles in assessing item 1, producing an inordinately high award. The appropriate remedy was to set aside the taxation and remit the bill for fresh taxation.
Legal principles established
#- A reference under Rule 11(2) is filed in time if lodged within 14 days of receipt of the taxing officer's reasons, notwithstanding delay in seeking those reasons.
Court orders
#- 1.The taxation by the Deputy Registrar and the ruling dated 31st August 2018 is set aside
- 2.The bill of costs dated 13th March 2018 is referred back to the Taxing Officer to be taxed afresh
- 3.Costs of the application to be taken into account in the subsequent taxation
- Jurisdiction invoked
- Rule 11(1) and (2) of the Advocates (Remuneration) Order 1962
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Fredrick Jacob Ochieng Obura & 7 others v Kisumu Municipal Council & another [2019] KEELRC 1193 (KLR)", Case Analysis (2019). Application dated 15th October 2018 (Reference under Rule 11 of the Advocates (Remuneration) Order 1962). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1193/eng@2019-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.