Hakika Transport Services Limited v Isaac Onyango & Company Advocates (Miscellaneous Application E023 of 2023) [2023] KEELRC 2841 (KLR)
The bottom line
#A Kenyan court dismissed a company's challenge to legal fees because it filed no supporting documents, showing references without evidence go nowhere.
What this practically means
#Executive summary
#Key legal issues
#Duty to place before the Court the documents impugned in a taxation reference
A reference cannot be determined where the Bill of Costs, the proceedings before the Taxing Officer and the impugned decision are not annexed; the application is hollow and an abuse of process
The supporting affidavit deponed that the Applicant adopted the Bill of Costs, submissions and the Ruling dated 8th May 2023, but none of these documents were annexed or otherwise on record. The Court therefore had nothing to interrogate, and the reference amounted to asking the Court to decide on nothing.
Compliance with Rule 11 of the Advocates (Remuneration) Order 1962
An objector must first give notice of objection in writing to the Taxing Officer within fourteen days and, after receiving reasons, apply to a Judge by Chamber Summons; no such objection appeared on record
The only document shown was a letter dated 19th May 2023 requesting typed copies of the ruling and reasons to enable the advocates to advise their client. That letter was not a notice of objection under Rule 11, so the preconditions for a reference were not met.
Legal principles established
#- A taxation reference to a judge under Rule 11 of the Advocates (Remuneration) Order 1962 in an advocate-client cause should be brought as a separate Miscellaneous Cause and must annex all documents filed before the Taxing Officer, certified copies of proceedings and any certificate of costs
- A reference supported by no documents on record is an abuse of the Court's process and incompetent
Court orders
#- 1.The Chamber Summons application dated 6th June 2023 is dismissed with costs
- On appeal from
- null
- null
- Jurisdiction invoked
- Rule 11 of the Advocates (Remuneration) Order 1962 (taxation reference to a Judge)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hakika Transport Services Limited v Isaac Onyango & Company Advocates (Miscellaneous Application E023 of 2023) [2023] KEELRC 2841 (KLR)", Case Analysis (2023). Miscellaneous Cause (Chamber Summons application dated 6th June 2023), arising from Mombasa ELRC Cause No. E067 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2841/eng@2023-11-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.