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ELRCPartially AllowedReference re Kisumu Misc Application No. E094 of 2023 (and analogous Causes)· [2024] KEELRC 882 (KLR)

Juliet Akinyi Dima t/a Juliet Dima & Associates Advocates v JRS Group Ltd (Miscellaneous Application E093 of 2023) [2024] KEELRC 882 (KLR)

Employment and Labour Relations Court
24 April 2024
RSRadido Stephen
1,685 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Deputy Registrar (Taxing Officer, F. Rashid) on 6 December 2023 struck out the advocate's advocate-client Bill of Costs dated 1 August 2023 as incompetent, holding that no formal retainer existed and interpreting paragraph 13(3) of the Advocates Remuneration Order, 1962 to bar the bill. Juliet Dima & Associates Advocates filed a Reference seeking to set aside that Ruling, have the bill taxed and a certificate of taxation issued. JRS Group Ltd opposed, arguing that no valid Notice of Objection or reasons of the Taxing Officer were annexed, rendering the Reference incompetent under paragraph 11(2) of the Order, and invoking the Salat decision against relaxation of rules. On 15 April 2024 the parties agreed, and the Court ordered, that the Ruling apply to numerous analogous miscellaneous applications. The Court held that because the Taxing Officer had struck out the bill without taxing any item and had given her reasons in the Ruling, no further reasons were required, so the missing annexure was not fatal. It found the letter of 20 November 2021 instructing the advocate to represent the Respondent established a retainer, making the Taxing Officer's contrary finding erroneous. On the merits, the Court held paragraph 13(3) simply requires filing a bill through a miscellaneous cause and bars claiming an instruction fee for presenting the bill; the advocate had complied, and the Taxing Officer fell into an error of principle. The References were allowed, the Taxing Officer directed to tax the bills afresh, with costs in the cause.

Key legal issues

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01

Notice of Objection and reasons under paragraph 11(2) of the Advocates Remuneration Order

Holding

The Reference was competent despite the Notice of Objection not being annexed, as the Taxing Officer had given her reasons in the Ruling

Reasoning

The Taxing Officer struck out the bill rather than taxing any item and gave detailed reasons in her Ruling. The advocate wrote to her seeking explanation, which the Court treated as a formality. Since no taxation occurred, there was nothing further to explain. Failure to annex the Notice was therefore not fatal to the Reference.

p. 3
02

Formal retainer

Holding

The Taxing Officer erred in finding there was no formal retainer; the letter of 20 November 2021 instructing the advocate amounted to instructions

Reasoning

The advocate exhibited a letter dated 20 November 2021 in which the Respondent instructed her to take over the Causes and represent it. Consents to come on record in place of the advocate were also filed around July 2022. In the Court's view the letter gave explicit instructions, making the finding of no formal retainer erroneous.

p. 3
03

Interpretation of paragraph 13(3) of the Advocates Remuneration Order, 1962

Holding

The Taxing Officer misapplied the provision; filing the bill through a miscellaneous cause complied with it, and striking out the bill was an error of principle

Reasoning

Paragraph 13(3) requires a bill of costs to be filed in a miscellaneous cause but disentitles the advocate to an instruction fee for presenting it. The advocate filed her bill through miscellaneous applications and claimed no instruction fee for filing it. The Taxing Officer instead reasoned that filing would lead to taxation to infinity, a construction the Court rejected as an error of principle.

p. 4

Legal principles established

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  • An advocate-client bill of costs must be filed through a miscellaneous cause, and no instruction fee is claimable for presenting such a bill since it belongs to the advocate and is not presented at the client's behest
  • Where the Taxing Officer strikes out a bill without taxing any item and gives reasons in the ruling, it is unnecessary to furnish further reasons

Court orders

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  1. 1.The References are allowed
  2. 2.The Taxing Officer is directed to tax the Bill of Costs afresh
  3. 3.This Ruling applies to the listed Causes (Kisumu Misc Applications Nos. E014-E022 of 2023, E094-E098 of 2023 and E006-E022 of 2024)
  4. 4.Costs in the cause
On appeal from
Deputy Registrar (Taxing Officer)
Advocate-Client Bill of Costs dated August 1, 2023
Jurisdiction invoked
Reference under paragraph 11 of the Advocates Remuneration Order, 1962 against the Taxing Officer's Ruling

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, "Juliet Akinyi Dima t/a Juliet Dima & Associates Advocates v JRS Group Ltd (Miscellaneous Application E093 of 2023) [2024] KEELRC 882 (KLR)", Case Analysis (2024). Reference re Kisumu Misc Application No. E094 of 2023 (and analogous Causes). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/882/eng@2024-04-24

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