Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment as provided· [2020] KEELRC 709 (KLR)

Peter Okello Okello v Chaiman, Board of Governors St. Luke Odiado Secondary School & another [2020] KEELRC 709 (KLR)

Employment and Labour Relations Court
16 July 2020
577 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan court dismissed a bid to overturn a taxed legal bill because the party skipped the required objection-and-reference procedure.

What this practically means

#

Executive summary

#
The respondent/applicants moved the court by an application dated 26th July 2019 seeking to set aside a taxation of a bill of costs conducted by the taxing master, on two grounds: that the taxation proceeded in their absence without service of a hearing notice, and that the interest of Kshs. 131,083 levied on the decretal sum was excessive. The claimant/respondent, through Carol Auma Peter, administrator ad litem of the claimant, opposed the application by replying affidavit. She deposed that taxation was first set down for 21st May 2019 but the Deputy Registrar adjourned it to 11th June 2019 to allow proper service of the taxation notice, and that on 11th June 2019 the Deputy Registrar proceeded with the taxation only after satisfying himself that the applicant had been duly served. The respondent also characterised the interest objection as unfounded and the application as an abuse of court process. Mathew N. Nduma J held that the proper route for challenging a taxation is to file an objection to the taxing master within 14 days seeking reasons for the items objected to, and thereafter to file a reference to the Judge. As no such steps were taken, the application was misconceived and an abuse of process. On interest, the court found that the judgment of 19th February 2019 had backdated interest on terminal benefits to the date of filing suit (1st July 2015), which accounted for the taxed interest. The application was dismissed with costs. The ruling was delivered online pursuant to COVID-19 directives, with the parties' consent and waiver of Order 21 rule 1.

Key legal issues

#
01

Procedure for challenging a taxing master's decision

Holding

The application was misconceived because the applicants bypassed the prescribed procedure of seeking reasons from the taxing master and filing a reference to the Judge

Reasoning

The court held that an aggrieved party must first file an objection to the taxing master within 14 days seeking reasons for the taxation of the specific items objected to, then file a reference to the Judge for review. Since the applicants took none of these steps, their application directly to the court was misconceived and an abuse of process.

p. 1
02

Alleged lack of service of the taxation notice

Holding

The court accepted the respondent's account that taxation proceeded on 11th June 2019 after the Deputy Registrar was satisfied the applicant had been duly served

Reasoning

The replying affidavit deposed that taxation was initially set down for 21st May 2019 but adjourned by the Deputy Registrar to 11th June 2019 specifically to allow proper service of the taxation notice. On 11th June 2019 the Deputy Registrar proceeded having satisfied himself that the respondent/applicant had been duly served. No contrary evidence was tendered.

p. 1
03

Excessive interest on the decretal sum

Holding

The interest of Kshs. 131,083 was not excessive as it was backdated to the date of filing suit, 1st July 2015, per the judgment of 19th February 2019

Reasoning

The applicants argued the interest could not have accumulated to Kshs. 131,083 from the date of judgment delivered on 19th February 2019. The court found the premise mistaken: the Judge had in the judgment backdated interest on the award of terminal benefits to the date of filing suit (1st July 2015), which fully explains the amount taxed.

p. 1

Legal principles established

#
  • The proper procedure to object to a taxation ruling is to file an objection to the taxing master within 14 days seeking reasons for the taxing of the specific items objected to, and upon receipt of the reasons, file a reference to the Judge for review or setting aside

Court orders

#
  1. 1.The application dated 26th July 2019 is dismissed with costs

Authorities

#

Legislation

  • Civil Procedure RulesOrder 21 rule 1
  • Civil Procedure Act (Chapter 21, Laws of Kenya)Section 18
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
Jurisdiction invoked
Article 159(2)(d) and Article 48 of the Constitution; Section 18 of the Civil Procedure Act (Chapter 21, Laws of Kenya)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Peter Okello Okello v Chaiman, Board of Governors St. Luke Odiado Secondary School & another [2020] KEELRC 709 (KLR)", Case Analysis (2020). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/709/eng@2020-07-16

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