Eldoret Polytechnic v In the matter of Advocate Stanley N Kagunza together with Evaline Sabayi Aseneka Andambi & Cedric Andambi Alubala Suing as administrators & administratix of the Estate of the Late Abenayo Alubala Andambi t/a Andambi & Company Advocates (Miscellaneous Application 1 of 2024) [2024] KEELRC 1674 (KLR)
The bottom line
#The ELRC allowed Kenyatta University to challenge a taxed legal fee bill late, cutting it sharply after finding the taxing officer ignored a Kshs 300,000 deposit already paid.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file reference against a taxing master's decision
Leave granted; the applicant satisfactorily explained the delay in learning of the ruling and instructing counsel.
Rule 11 permits the court to enlarge time even after expiry. The applicant's further affidavit showed it learned of the ruling on 6th December 2023 through its counsel's letter, sought instructions, and found counsel's offices closed over the December period. The court accepted this chronology as a satisfactory explanation for the delay in filing the reference.
Error of principle in taxation - failure to deduct deposit already paid
The taxing master erred in principle by failing to deduct the Kshs 300,000 deposit already paid to the respondent.
A retainer agreement on record covered the period 2015 to 2017, encompassing Nakuru ELRC No. 211 of 2015 (later transferred to this court as Cause No. 254B of 2017). The applicant's attachment CCK2 evidenced payment of a Kshs 300,000 deposit by cheque delivered on 11th April 2016. The taxing master ought to have taken this deposit into account, and its omission constituted an error of principle warranting review.
Legal principles established
#- A court cannot interfere with a taxing officer's decision on taxation unless it is shown the decision was based on an error of principle or the fee awarded was so manifestly excessive as to justify an inference of an error of principle.
- Time fixed under Rule 11 of the Advocates Remuneration Order may be enlarged by the court in its discretion even where the time sought to be enlarged has already expired.
Court orders
#- 1.Leave granted to file the reference out of time (delay explained satisfactorily)
- 2.The Ruling of the Taxing Master dated 24th November 2023 reviewed by deducting Kshs 300,000 already paid as deposit
- 3.The Advocate Client bill of costs dated 9th November 2021 taxed at Kshs 87,680
- 4.Each party to bear its own costs of the application
- Jurisdiction invoked
- Rule 11 of the Advocates Remuneration Order; sections 3 and 12 of the Employment and Labour Relations Court Act; Rule 28 of the ELRC (Procedure) Rules, 2016; Order 22 Rule 22 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eldoret Polytechnic v In the matter of Advocate Stanley N Kagunza together with Evaline Sabayi Aseneka Andambi & Cedric Andambi Alubala Suing as administrators & administratix of the Estate of the Late Abenayo Alubala Andambi t/a Andambi & Company Advocates (Miscellaneous Application 1 of 2024) [2024] KEELRC 1674 (KLR)", Case Analysis (2024). ELRC Miscellaneous Application No. E001 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1674/eng@2024-06-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.