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· [2023] KEELRC 86 (KLR)

Mauwa & Co Advocates v JRS Group Limited (Miscellaneous Application E083 of 2021) [2023] KEELRC 86 (KLR)

High Court of Kenya
25 January 2023
894 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

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

#
Mauwa & Co Advocates acted for JRS Group Ltd and, after finalising the cause, filed an advocate-client bill of costs taxed at Kshs 265,550/10 on September 20, 2022 by Magistrate Beryl Omollo. JRS Group Ltd, dissatisfied, filed a chamber summons on October 12, 2022 seeking that the bill be recommitted to the judge on a reference for re-taxation of numerous items, alleging errors of principle: taxing items despite no denial of liability, charging each letter separately contrary to the composite fee under schedule 6 of the Advocates Remuneration Order, allowing fees for service without proof of service, and failing to give reasons for disregarding schedule 6. The advocate opposed, asserting the reference was time-barred under paragraph 11(2), filed before leave was obtained, and that the taxing officer had correctly exercised her discretion and given reasons in the ruling. The court examined the taxing officer's record and found no written notice of objection and no recorded oral objection after the ruling. The alleged letter of September 21, 2022 seeking reasons was not on the court file nor attached to the supporting affidavit. The ruling having been delivered on September 20, 2022, the respondent had 14 days to file a reference; it filed on October 12, 2022, 23 days later, without leave. The chamber summons was dismissed with costs on January 25, 2023.

Key legal issues

#
01

Timeliness of the reference under paragraph 11 of the Advocates Remuneration Order

Holding

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

Reasoning

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.

p. 3
02

Whether an objection to the taxation or a request for reasons had been made

Holding

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

Reasoning

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.

p. 3

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. 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. 2.Costs of the application awarded to the advocate

Authorities

#

Legislation

  • Advocates Remuneration OrderParagraph 11(1) and (2)
  • Advocates Remuneration OrderRule 6
  • Advocates Remuneration OrderSchedule 6

Cases cited (2)

  • Muriu Mungai & Co Advocates v New Kenya Cooperative Creameries Ltd
    (2008) eKLR
  • Ahmednasir Abdikadir & Co Advocates v National Bank of Kenya Ltd (2)
    (2006) 1 EA 5
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.