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ELRCPartially Allowed· [2025] KEELRC 1490 (KLR)

Chaudhri & Associates v Lady Lori (Kenya) Limited (Miscellaneous Civil Application E158 of 2022) [2025] KEELRC 1490 (KLR)

Not stated in the judgment (delivered virtually at Nairobi)
22 May 2025
1,321 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to excuse a client's late challenge to taxed legal fees, letting the advocate collect the full Kshs. 284,373.60.

What this practically means

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Executive summary

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This ruling by Linnet Ndolo, Judge, determines two interlocutory applications in an advocate/client fees dispute: the Client's Chamber Summons dated 10th January 2024, seeking to set aside the Taxing Officer's determination of 3rd October 2023 on items 1, 2 and 3-55 of the Advocate/Client Bill of Costs and for leave to file a reference out of time; and the Advocate's Notice of Motion dated 3rd July 2024, seeking judgment on the taxed sum of Kshs. 284,373.60 plus costs at 14% from 10th November 2023. The Client argued that the Taxing Officer misdirected himself on the existence of a fees balance, failed to find the Bill time-barred, taxed items without basis, awarded an inordinately high figure, and that the delay in filing the reference was excusable because reasons for taxation were not supplied despite follow-up. The Advocate maintained the taxation was accurate and fair, that the reference was time-barred under Rule 11(1) of the Advocates (Remuneration) Order, and that the delay was the Client's own doing. The court held that the Taxing Officer's ruling contained reasons for each contested item, so there was no basis to complain that reasons were withheld, and that no credible reason for the delay was advanced. Relying on the mandatory timelines in Rule 11 and the cited authorities, the court dismissed the Client's application, allowed the Advocate's application for judgment on the taxed costs, and ordered the Client to pay the costs of both applications.

Key legal issues

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01

Extension of time to file a reference out of time under Rule 11 of the Advocates (Remuneration) Order

Holding

Leave to file the reference out of time was refused because the Client gave no credible or substantiated reason for the delay; the delay was found to be unreasonable

Reasoning

The Taxing Officer's ruling of 3rd October 2023 already contained reasons for each decision on the Bill of Costs, so the Client could not claim the reasons were withheld. Apart from an unsubstantiated assertion of follow-up, no real effort to obtain reasons was evidenced. Following Agarwal v Kenya Commercial Bank Ltd and Republic v The Taxing Master of the High Court of Kenya, the court held the timelines mandatory and dismissed the application.

p. 4
02

The Advocate's entitlement to judgment on the taxed costs

Holding

The Advocate's Notice of Motion dated 3rd July 2024 seeking judgment in the sum of Kshs. 284,373.60 plus costs at 14% from 10th November 2023 until payment in full was allowed

Reasoning

Having failed to set aside or challenge the taxation, the Client remained liable for the taxed fees. The court found the Client's composite application strategy inadequate - it assumed extension of time would be granted as a matter of course and advanced no reasons for the exercise of discretion in its favour. The Advocate was consequently entitled to judgment on the certificate of taxation.

p. 4

Legal principles established

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  • Where a Taxing Officer's ruling contains adequate reasons for taxation on contested items, there is no need for a party to seek further reasons before filing a reference
  • References filed outside the prescribed timelines under Rule 11 of the Advocates (Remuneration) Order ought not to be entertained save for compelling reasons justifying the delay
  • The time limits for filing references are mandatory and applications filed after expiry of the set period ought to be dismissed unless exceptional reasons for the delay are presented

Court orders

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  1. 1.The Client's application dated 10th January 2024 is dismissed
  2. 2.The Advocate's application dated 3rd July 2024 is allowed
  3. 3.The Client will pay the costs of both applications

Authorities

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Legislation

  • Advocates (Remuneration) OrderRule 11(1)-(4)
  • Advocates (Remuneration) OrderRule 7

Cases cited (3)

  • Vincent Kibiwott Rono v Abraham Kiprotich Chebet & another
    [2022] eKLR
  • Agarwal v Kenya Commercial Bank Ltd
    [2019] eKLR
  • Republic v The Taxing Master of the High Court of Kenya
    [2018] eKLR
Jurisdiction invoked
Rule 11 of the Advocates (Remuneration) Order - objection to a decision of a Taxing Officer; extension of time and judgment on taxed costs

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, "Chaudhri & Associates v Lady Lori (Kenya) Limited (Miscellaneous Civil Application E158 of 2022) [2025] KEELRC 1490 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1490/eng@2025-05-22

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