Mauwa & Co Advocates v JRS Group Limited (Miscellaneous Application E083 of 2021) [2023] KEELRC 86 (KLR)
The bottom line
#A Kenyan court threw out a client's challenge to a taxed legal bill because it was filed 9 days late with no objections on record.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of the reference under paragraph 11 of the Advocates Remuneration Order
The reference was time-barred as it was filed 23 days after the taxation ruling, beyond the 14-day period, and no leave to file out of time had been obtained
The taxation ruling was delivered on September 20, 2022, giving the respondent 14 days to lodge a reference. The reference was filed on October 12, 2022, 23 days later, without leave. Since the ruling itself contained the reasons for the taxation, there was no basis to treat time as running from a later furnishing of reasons. The claim that reasons had been sought by letter of September 21, 2022 was unsupported by any document on the court file or attached to the supporting affidavit.
Whether an objection to the taxation or a request for reasons had been made
The court record contained no written notice of objection and did not reflect any oral objection, and the letter of September 21, 2022 allegedly seeking reasons was not on file
Paragraph 11(1) requires an objector to give notice in writing of the items objected to within fourteen days. The court examined the taxing officer's record/notes and found no written notice of objection and no reflection of an oral objection after the ruling. The respondent asserted it had requested reasons by letter dated September 21, 2022, but a copy of that letter was neither in the court file nor attached to the supporting affidavit, so the assertion could not be verified.
Legal principles established
#- A reference under paragraph 11(2) of the Advocates Remuneration Order must be filed within 14 days of the taxation decision, or with leave where filed out of time
- An objector must demonstrate either a written notice of objection or an oral objection recorded by the taxing officer; the court record controls
Court orders
#- 1.The chamber summons seeking re-taxation of the advocate-client bill of costs dated November 11, 2021 and taxed on September 20, 2022 is dismissed
- 2.Costs of the application awarded to the advocate
- Jurisdiction invoked
- Paragraph 11(2) of the Advocates Remuneration Order (reference to a judge against a taxing officer's decision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mauwa & Co Advocates v JRS Group Limited (Miscellaneous Application E083 of 2021) [2023] KEELRC 86 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/86/eng@2023-01-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.