MM Kimuli & Co Advocates v Brinks Security Services Ltd (Miscellaneous Application E128 of 2023) [2025] KEELRC 236 (KLR)
The bottom line
#A Kenyan court ruled that advocate fees for employment cases must be calculated under the higher Schedule 6 scale, not Schedule 7, and ordered fresh taxation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Officer erred in principle in applying Rule 58 and Schedule 7 of the Advocates Remuneration Order, 2014 instead of Schedule 6
The Taxing Officer erred in principle: the mother suit was filed and determined in the ELRC, a court of equal status to the High Court, and when filed in 2017 magistrates' courts had no jurisdiction over employment disputes, so Rule 58 and Schedule 7 were inapplicable.
The court reasoned that Rule 58 applies only to causes which could have been brought in a subordinate court. The cause was filed in 2017, before magistrates' courts were conferred jurisdiction over employment matters by Gazette Notice No. 6024, and the ELRC is of equal status to the High Court. The suit could not have been filed in the Magistrates' Court, and the ELRC heard it to conclusion without transfer, so Schedule 6 applied and applying Schedule 7 was an error of principle.
Legal principles established
#- A court cannot interfere with a Taxing Officer's decision 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
- Where proceedings were in the ELRC, a court of equal status to the High Court, and the subordinate courts had no jurisdiction over employment disputes at filing, the applicable scale on taxation is Schedule 6 rather than Schedule 7
Court orders
#- 1.The taxation of the Bill of Costs dated June 9, 2023 is set aside and remitted for taxation by a different Taxing Officer
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Reference against a Taxing Officer's ruling under the Advocates Remuneration Order (Chamber Summons jurisdiction); Employment and Labour Relations Court as court of equal status to the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "MM Kimuli & Co Advocates v Brinks Security Services Ltd (Miscellaneous Application E128 of 2023) [2025] KEELRC 236 (KLR)", Case Analysis (2025). Misc Application No E128 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/236/eng@2025-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.