J.M. Njenga & Co Advocates v Monica Wambui Kamau & 3 others [2020] KEELRC 233 (KLR)
The bottom line
#A Kenyan court struck out an advocate's attempt to make a third party pay a Kshs.46 million fee bill because the right request was never made in the original case.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxation court can deem a non-party a client and liable for costs under Sections 2 and 50 of the Advocates Act
No. The applicant should have obtained an order in the parent suit (ELC Case No. 161 of 2013) that its costs be borne by Jacob Kamau Kahiu, and any joinder should have been sought in the parent matter under Order 1 of the Civil Procedure Rules; the court exercising taxation jurisdiction was not competent to grant the orders sought.
Section 50(1) allows a person other than the party chargeable with a bill to apply for taxation where liable to pay or interested in property from which the bill is payable. Following Kamau Kuria, the court held the section requires a prior court order allocating liability to the third party. The intended 2nd Respondent was not a party to the parent file; despite the Kshs.250,000/= deposit, agreements and power of attorney exhibited, the proper forum for joinder and costs allocation was the parent matter, not the taxation reference.
Legal principles established
#- Under a contract of retainer, only the client is liable to pay fees to the advocate retained (as stated in Kamau Kuria & Company Advocates -v- Lucy Nyambura Kinyanjui)
- Where an advocate seeks that fees be borne by a third party under Section 50 of the Advocates Act, the advocate must obtain a court order in the parent matter to that effect
Court orders
#- 1.The Notice of Motion dated 30th July 2020 is struck out with no order as to costs
- Jurisdiction invoked
- Sections 2 and 50(1) of the Advocates Act (Cap 16) and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "J.M. Njenga & Co Advocates v Monica Wambui Kamau & 3 others [2020] KEELRC 233 (KLR)", Case Analysis (2020). Advocate/Client Bill of Costs (Notice of Motion dated 30th July 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/233/eng@2020-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.