Onyango t/a Oscar & Associate Advocates v Kyengo (Miscellaneous Application E181 of 2022) [2025] KEELRC 1291 (KLR)
The bottom line
#A Kenyan court turned a lawyer's taxed fee bill of Kshs. 366,341 into a judgment debt, rejecting the client's late attempt to challenge the taxation.
What this practically means
#Executive summary
#Key legal issues
#Whether time for filing the reference out of time should be enlarged
Yes; delay of about one month from availability of typed proceedings was not inordinate and reasons were sufficient.
Extension of time is discretionary, considering sufficiency of reasons, whether delay is excusable, its length and prejudice. The ruling was delivered 29th April 2024; typed proceedings were only ready on 7th June 2024 and the reference was dated and filed in July 2024. That one-month interval was not inordinate, and the advocate's contention that the reference was filed in September was contradicted by the record. In the interest of substantive justice, enlargement was merited.
Whether the taxation ruling of 29th April 2024 should be set aside and the bill taxed de novo
No; the objection was solely on quantum and the taxing master gave reasons for each item, so the court would not interfere.
Applying Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board, a judge will not interfere with a taxing officer's discretion absent error in principle. The directions to file further affidavits and submissions were only to enable determination of the reference and did not amount to new pleadings. The taxing master analysed each item and gave reasons; the applicant's complaint went only to quantum, which the taxing officer was particularly fitted to deal with.
Whether the Certificate of Taxation should be adopted as judgment of the court
Yes; the reference having been dismissed and the ruling not set aside, Section 51(2) of the Advocates Act permitted entry of judgment.
Section 51(2) empowers the court to enter judgment for an advocate on taxed costs except where the certificate has been varied or set aside or where retainer is disputed. A certificate is not ordinarily adopted where a reference is pending or the ruling has been altered. Here the reference was dismissed and the ruling stood unaltered, so nothing barred entry of judgment for Kshs. 366,341.00 with interest.
Legal principles established
#- Extension of time is discretionary and depends on sufficiency of reasons for delay, length of delay and prejudice to the other party.
- A judge on a reference from taxation will not interfere with the taxing officer's discretion absent error in principle; pure questions of quantum are for the taxing officer.
- Under Section 51(2) of the Advocates Act, judgment may be entered for an advocate on taxed costs where the certificate has not been varied or set aside and there is no dispute as to retainer.
Court orders
#- 1.Time for lodging and filing the Reference dated 26th July, 2024 enlarged and the Reference deemed properly on record.
- 2.The Chamber Summons application dated 26th July, 2024, insofar as it sought to set aside the taxation, dismissed in its entirety.
- 3.The Certificate of Taxation dated 3rd May, 2024 certified in the sum of Kshs. 366,341.00 adopted as a judgment of the court.
- 4.Interest to accrue from the sum taxed at court rates from the date of the order until paid in full.
- 5.No orders on costs.
- Jurisdiction invoked
- Rule 11(1) of the Advocates Remuneration (Amendment) Order; Order 21 Rule 13(1)(a) of the Civil Procedure Rules; Sections 1A and 51 of the Civil Procedure Act; Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyango t/a Oscar & Associate Advocates v Kyengo (Miscellaneous Application E181 of 2022) [2025] KEELRC 1291 (KLR)", Case Analysis (2025). Misc Application No E181 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1291/eng@2025-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.