Manyonge Wanyama & Associates v County Government of Kisii (Miscellaneous Cause E049 of 2022) [2024] KEELRC 1774 (KLR)
The bottom line
#Kenya's Employment Court cut an advocate's Kshs. 600,000 fee award for lack of reasons, but forgave an 11-day filing delay, showing courts can revisit excessive taxed costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about 11 days in filing the reference was excusable so as to warrant enlargement of time
The delay was excused; the application was brought without undue delay, no prejudice was shown by the respondent, and the public interest at stake favoured extension.
The court applied the Salat principles on extension of time. The ruling was issued in the absence of both parties, the delay was about 11 days, the application was brought without undue delay, the respondent showed no prejudice, and public interest weighed in favour of extension. The prayer for enlargement of time was therefore allowed and the Chamber Summons deemed filed within time.
Whether the Taxing Officer's award of Kshs. 600,000 as instruction fees should be varied or re-assessed
The award was excessive because the Taxing Officer gave no reasons for the amount, the petition was not complex, and the objector is a public entity; the bill was remitted for re-assessment of item No. 1.
The general rule is that the court will not interfere with a Taxing Officer's decision unless there is an error in law or principle. Here the Taxing Officer gave no reasons for the amount taxed on item No. 1 beyond stating the sums charged and taxed off; the applicant ceased acting before conclusion of the matter; the petition was not complex; and the objector is a public entity obliged to expend public resources with due diligence. The amount of Kshs. 600,000 was deemed excessive.
Legal principles established
#- A judge on a reference will not normally interfere with a Taxing Officer's exercise of discretion unless the Taxing Officer erred in principle in assessing the costs.
- Extension of time is an equitable remedy available only to a deserving party at the discretion of the court, and the applicant bears the burden of explaining the delay.
Court orders
#- 1.The prayer to enlarge time is allowed and the Chamber Summons application is deemed as filed within time
- 2.The Advocate-Client bill of costs filed in this matter be remitted for re-assessment of item No. 1 of the Applicant's Bill of costs dated 12th September, 2022
- 3.No orders on costs
- On appeal from
- Taxing Officer (ELRC)
- Advocate-Client bill of costs dated 12th September 2022
- Jurisdiction invoked
- Paragraph 11 of the Advocates (Remuneration) Order 2014 (reference to a judge from taxation)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Manyonge Wanyama & Associates v County Government of Kisii (Miscellaneous Cause E049 of 2022) [2024] KEELRC 1774 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1774/eng@2024-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.