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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 581 (KLR)

V Chokaa & Co Advocates v Roy Hauliers Limited (Miscellaneous Application E232 of 2024) [2025] KEELRC 581 (KLR)

High Court of Kenya
27 February 2025
1,896 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court ordered Roy Hauliers to pay its advocates Kshs 236,995 plus interest, holding that a fee agreement without the client's signature is unenforceable.

What this practically means

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Executive summary

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This first-instance judgment by Radido Stephen, J, in Nairobi, determined two applications arising from the taxation of an advocate-client Bill of Costs. V. Chokaa & Co. Advocates' Bill of Costs was taxed on 30 September 2024, producing a Certificate of Taxation of Kshs 236,995/-. Roy Hauliers Ltd filed a Chamber Summons seeking stay of execution, setting aside of the Taxing Officer's Ruling of 30 September 2024 and a fresh taxation, contending the Taxing Officer ignored its pending Motions, that a final fee note had settled the fees, and that it was denied a hearing. The advocate opposed, and separately filed an amended Motion seeking judgment on the Certificate of Taxation with interest at 14% per annum. The Court found that the Respondent's Motion of 20 September 2024 was overtaken by events after it failed to attend the taxation, and that its Motion of 25 September 2024 to arrest the Ruling had not been paid for; a filing is complete only upon payment of fees, so the Taxing Officer properly proceeded. Allegations of bias and technological failures were unsupported by evidence. On the fee agreement claim, the Court held the fee note relied on was signed only by the advocate and thus unenforceable under section 45 of the Advocates Act. The Summons was dismissed with costs; the advocate's Motion was allowed, with judgment entered for Kshs 236,995/-, interest at 14% from the date of taxation, and costs of the Motion to the advocate.

Key legal issues

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01

Whether the Taxing Officer erred in proceeding to deliver her Ruling despite pending applications

Holding

No error - the 20 September 2024 Motion was overtaken by events for failure to prosecute, and the 25 September 2024 Motion to arrest the Ruling had not been paid for, so the Taxing Officer validly proceeded

Reasoning

The Respondent did not attend the taxation on 23 September 2024, rendering its Motion of 20 September 2024 overtaken by events. Its later Motion of 25 September 2024 to arrest the Ruling was brought to the Taxing Officer's attention, but she confirmed on the CTS system that no filing fees had been paid. A filing is complete only upon payment of fees, so the Taxing Officer committed no error in delivering her Ruling. No evidence of bias or technological failure was presented.

02

Whether there was an agreement on fees under section 45 of the Advocates Act

Holding

No enforceable agreement existed because the fee note relied on was signed only by the advocate

Reasoning

Section 45 permits an advocate and client to agree on remuneration, but such an agreement is valid and binding only if in writing and signed by the client or an authorised agent. The fee note relied on by the Respondent was authored and signed by the advocate alone and bore no signature from the Respondent or its agent. The Respondent also never annexed the alleged agreement before the Taxing Officer. The claim of a settled fee of Kshs 60,000/- therefore fails.

p. 5
03

Whether judgment should be entered on the Certificate of Taxation with interest at 14%

Holding

Judgment entered for the taxed sum of Kshs 236,995/- with interest at 14% from the date of taxation

Reasoning

Having found no basis for setting aside the Certificate of Taxation and no enforceable fee agreement, the Court allowed the advocate's amended Motion. Judgment was entered for the taxed amount with interest at 14% per annum running from the date of taxation, and the advocate was awarded costs of the Motion.

p. 5

Legal principles established

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  • A filing is only complete and available for consideration by a court upon payment of the filing fees
  • A fee agreement is enforceable under section 45 of the Advocates Act only if in writing and signed by the client or its duly authorised agent

Court orders

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  1. 1.The Summons dated 8 October 2024 is dismissed with costs
  2. 2.The Amended Motion dated 29 October 2024 is allowed on terms
  3. 3.Judgment is entered for the advocate against the Respondent in the sum of Kshs 236,995/-
  4. 4.The Respondent to pay interest on the costs at 14% from the date of taxation
  5. 5.The advocate to have costs of the Motion
Jurisdiction invoked
Advocates Act, Civil Procedure Act and Advocates (Remuneration) Order - reference against a Taxing Officer's ruling and suit for judgment on a Certificate of Taxation

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, "V Chokaa & Co Advocates v Roy Hauliers Limited (Miscellaneous Application E232 of 2024) [2025] KEELRC 581 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/581/eng@2025-02-27

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