Peter Okello Okello v Chaiman, Board of Governors St. Luke Odiado Secondary School & another [2020] KEELRC 709 (KLR)
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
#Key legal issues
#Procedure for challenging a taxing master's decision
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
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.
Alleged lack of service of the taxation notice
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
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.
Excessive interest on the decretal sum
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
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.
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.The application dated 26th July 2019 is dismissed with costs
- 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.