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ELRCAllowedKisumu Cause No. 7 of 2020 (Application dated 8 March 2024)· [2024] KEELRC 1094 (KLR)

Naviava v Edwin Wawire Wafula t/a Wafula Wawire & Co Advocates (Miscellaneous Application E032 of 2024) [2024] KEELRC 1094 (KLR)

Employment and Labour Relations Court
15 May 2024
SRStephen Radido
369 words in judgment
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The bottom line

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A Kenyan employment court allowed a former client to pay his advocate's taxed costs of Kshs 149,745 in monthly instalments of Kshs 20,000.

What this practically means

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Executive summary

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The applicant, John Saul Naviava, had been represented by the firm of Wawire & Co. Advocates in Kisumu Cause No. 7 of 2020, John Saul Naviava v County Public Service Board, Vihiga. Following the conclusion of that cause, the advocate caused his Bill of Costs to be taxed on 5 March 2024 at Kshs 149,745/-. On 8 March 2024 the applicant moved the Court by Motion seeking leave to settle the taxed costs in monthly instalments of Kshs 20,000/-. The advocate was directed to be served but did not respond or appear: the Court was twice unsatisfied with service (19 March and 16 April 2024) until personal service was effected and acknowledged by stamp on 18 April 2024. When the application came up on 23 April 2024, service being satisfactory, the applicant made brief oral submissions. The Court held that it was called upon to exercise its discretion; the advocate had been served but failed to respond or attend, and there was no evidence that he threatened to execute for the taxed costs. Delivering its orders on 15 May 2024, the Court allowed the Motion, directing that the applicant liquidates the taxed costs in equal monthly instalments of Kshs 20,000/- from that date, with the advocate at liberty to apply in default. Costs were ordered to be in the cause. The judgment was delivered virtually, dated and signed in Kisumu by Radido Stephen, Judge.

Key legal issues

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01

Whether the Court should exercise its discretion to allow payment of taxed costs by instalments

Holding

The Motion was allowed unopposed; the applicant was permitted to liquidate the taxed costs of Kshs 149,745/- in monthly instalments of Kshs 20,000/-, with liberty to apply in default.

Reasoning

The advocate was duly served with the application but neither filed a response nor attended the hearing, leaving the application unopposed. The Court noted the absence of any evidence that the advocate threatened execution against the applicant. In these circumstances, the Court found it appropriate to exercise its discretion in favour of allowing the instalments sought, while preserving the advocate's right to apply if the applicant defaulted.

p. 2

Legal principles established

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  • A party seeking leave to settle taxed costs by instalments may be granted that relief where the party is unopposed and there is no evidence of threatened execution.

Court orders

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  1. 1.The Motion dated 8 March 2024 is allowed in terms that the applicant liquidates the taxed costs in equal monthly instalments of Kshs 20,000/- from the date of the order
  2. 2.In default of payment, the advocate be at liberty to apply
  3. 3.Costs in the cause
Jurisdiction invoked
Inherent discretion of the Employment and Labour Relations Court over taxation and settlement of costs in a cause before it

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, "Naviava v Edwin Wawire Wafula t/a Wafula Wawire & Co Advocates (Miscellaneous Application E032 of 2024) [2024] KEELRC 1094 (KLR)", Case Analysis (2024). Kisumu Cause No. 7 of 2020 (Application dated 8 March 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1094/eng@2024-05-15

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