Khalwale & Co Advocates v Devyan Food Industries Kenya Ltd (Formerly Sameer Agriculture & Livestock Co Ltd) (Miscellaneous Application E014 of 2021) [2024] KEELRC 1092 (KLR)

The Court held that a retainer merely means the advocate is available to provide services when called upon. Each instruction is a distinct contract, and upon completion of each service the advocate should render a fee note. Since the services in the underlying cause were completed on 29 September 2014 and no invoice or fee note was issued, limitation began to run then, rendering the February 2021 Bill time-barred.

Applying Akide & Company Advocates v Kenindia Assurance and Mwangi Kengara & Co Advocates v Invesco Assurance, the Court agreed that in the absence of a moratorium suspending claims, time runs from the last date services were rendered. The Bill filed on 15 February 2021, almost seven years after the cause terminated, fell outside the six-year period in section 4(1) of the Limitation of Actions Act.