Hellen Waseka v Middle East Bank Kenya Limited [2020] KEELRC 995 (KLR)
The bottom line
#Kenya's Employment Court confirmed that its Deputy Registrar can tax costs bills using the same rules as the High Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC can apply the Advocates (Remuneration) Order in taxing Bills of Costs
Yes - the Court, having the status of the High Court under Article 162(2)(a), applies taxation as provided for the High Court, guided by Rule 29 of the ELRC Rules 2016
The Court noted the applicant's contention that Rule 2 of the Advocates (Remuneration) Order applies only to the High Court, subordinate courts and Rent Tribunals, and that the ELRC is a separate court under Article 162(2)(a). The Court nonetheless held that the ELRC enjoys the same status as the High Court and that taxation as applied in the High Court applies to the ELRC under Rule 29, which directs the Court to be guided by Section 12(4) of the ELRC Act and the Advocates (Remuneration) Order.
Whether the Deputy Registrar has jurisdiction to tax the Bill of Costs
Yes - the Deputy Registrar may proceed with taxation
The Court accepted that a taxing officer sits as a judicial officer and that the taxation regime of the High Court applies mutatis mutandis to the ELRC. Having dismissed the application, the Court directed the Deputy Registrar to proceed with the taxation as scheduled, noting that the Court itself had become functus officio after delivery of judgment in the main suit.
Whether the Preliminary Objection should be heard by a Judge rather than the Deputy Registrar
No - the objection falls within the ambit of determination of costs and may be handled by the Deputy Registrar
The Respondent's counsel had conceded the Court was functus officio after judgment, and the Court had referred the Preliminary Objection and taxation to the Deputy Registrar. Since the taxation framework applies to the ELRC, there was no basis for directing the objection to a Judge. The application was therefore dismissed with costs.
Legal principles established
#- The ELRC, being of the same status as the High Court under Article 162(2) of the Constitution, applies the same taxation regime as the High Court
- A Taxing Master is a judicial officer and taxation applies to the ELRC by use and custom through Rule 29 of the ELRC Rules 2016
Court orders
#- 1.The Notice of Motion filed on 18/11/2019 is dismissed
- 2.The Deputy Registrar to proceed with the taxation as earlier scheduled
- 3.Costs to the Respondent
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution; Section 12(4) of the Employment and Labour Relations Court Act; Rule 29 of the ELRC (Procedure) Rules 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hellen Waseka v Middle East Bank Kenya Limited [2020] KEELRC 995 (KLR)", Case Analysis (2020). Cause No 454 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/995/eng@2020-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.