V Chokaa & Company Advocates v Essajee Amifee (EA) Limited (Miscellaneous Application E057 of 2024) [2025] KEELRC 544 (KLR)
The bottom line
#Kenya's Employment Court threw out a lawyer's taxed legal bill because the client's objections were never considered during taxation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Client was denied the right to be heard during taxation
Yes; the Taxing Master failed to consider the Client's response on record, warranting setting aside the taxation
The parties gave divergent accounts of the Client's participation: the Advocate said the Client never responded, while the Client said its replying affidavit was ignored. The court found on the face of the Taxing Master's ruling that the Client's input was not considered. A denial of the right to be heard alone sufficed to invalidate the ruling, without deciding the other complaints.
Whether the 50% increase absent Party-to-Party taxation and the alleged disregard of payments were errors
Not determined; the reference succeeded on the natural-justice ground alone
The Client alleged error of principle in applying the 50% increase under the Mumias Sugar authority and in ignoring evidence of Kshs. 760,000 paid across related matters. Because the court set aside the taxation for breach of the right to be heard, these substantive complaints were left for determination afresh by a different Taxing Master on re-taxation.
Legal principles established
#- A party to taxation has an overriding right to be heard; a taxation conducted without considering a party's input on record cannot stand
Court orders
#- 1.Set aside the taxation of the Advocate-Client Bill of Costs by the Taxing Master on 17th July 2024
- 2.Remit the Bill of Costs for re-taxation before another Taxing Master, other than Hon D.O Mbeja
- Jurisdiction invoked
- Reference against a Taxing Master's ruling under the Advocates Act taxation regime (jurisdiction basis not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "V Chokaa & Company Advocates v Essajee Amifee (EA) Limited (Miscellaneous Application E057 of 2024) [2025] KEELRC 544 (KLR)", Case Analysis (2025). Reference from Taxation; Chamber Summons dated 5th December 2024 (arising from Advocate-Client Bill of Costs dated 27th February 2024 in Nairobi MCELRC No E1032 of 2022: Stephen Mbithi v Essajee Amijee (E.A) Ltd). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/544/eng@2025-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.