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Case Brief · caselaw.co.ke
ELRCDismissedNot stated in judgment· [2023] KEELRC 95 (KLR)

Mauwa & Co Advocates v JRS Group Limited (Miscellaneous Application E082 of 2021) [2023] KEELRC 95 (KLR)

High Court of Kenya
25 January 2023
895 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A company challenging a taxed legal bill lost because it missed the strict 14-day deadline for filing a reference in Kenya.

What this practically means

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Executive summary

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Mauwa & Co Advocates were retained by JRS Group Ltd and, after concluding the cause, filed an advocate-client bill of costs taxed at Kshs 265,550/10 on September 20, 2022 by Magistrate Beryl Omollo. Dissatisfied, JRS Group Ltd filed a summons on October 12, 2022 seeking that the bill be recommitted and retaxed on specified items, contending the taxing officer erred in law, abused her discretion, taxed each letter separately contrary to the composite fee in Schedule 6, allowed fees for service without evidence of service, and failed to give reasons. The advocate opposed, arguing the reference was time-barred under paragraph 11(2) of the Advocates Remuneration Order, filed without leave, and that reasons had been given in the ruling, relying on Ahmednasir Abdikadir & Co Advocates v National Bank of Kenya Ltd. The court examined the taxing officer's record and found no written notice of objection to any item taxed and no indication of an oral objection after the ruling. Since the ruling was delivered on September 20, 2022, the respondent had 14 days to file a reference but lodged it 23 days later, without leave. The asserted letter of September 21, 2022 seeking reasons was not in the court file nor attached to the supporting affidavit. The court dismissed the chamber summons with costs.

Key legal issues

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01

Timeliness of the reference under paragraph 11(2) of the Advocates Remuneration Order

Holding

The reference filed 23 days after the taxation ruling was out of time and filed without leave, warranting dismissal

Reasoning

Paragraph 11(2) requires an objector to apply to a judge within fourteen days from receipt of the reasons for the taxation decision. The ruling was delivered on September 20, 2022, so the respondent had 14 days. The reference was filed on October 12, 2022, 23 days later, without any application for leave to file out of time. The record also showed no written notice of objection to any item taxed and no indication of an oral objection after the ruling.

p. 3
02

Whether formal seeking of reasons was a prerequisite to filing the reference

Holding

Where reasons for taxation are set out in the ruling, there is no need to formally seek further reasons

Reasoning

The respondent claimed it wrote on September 21, 2022 seeking reasons, but no such letter was on the court file or attached to the supporting affidavit. The advocate relied on the Ahmednasir Abdikadir decision, under which a dissatisfied party need not formally seek reasons where they were already set out in the taxation ruling. The court accepted that the ruling contained the reasons and that the respondent's asserted letter was not evidenced.

p. 3

Legal principles established

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  • An objector must file a reference within 14 days of the taxation decision, and where reasons are not formally sought and recorded, the 14-day period runs from delivery of the ruling

Court orders

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  1. 1.The chamber summons is dismissed with costs

Authorities

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Legislation

  • Advocates Remuneration OrderParagraph 11(1) and 11(2)
  • 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

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mauwa & Co Advocates v JRS Group Limited (Miscellaneous Application E082 of 2021) [2023] KEELRC 95 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/95/eng@2023-01-25

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