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ELRCDismissedMalindi ELRC Miscellaneous Application dated 25 March 2025 (arising from Malindi HCCCMISC/E179/24)· [2025] KEELRC 2001 (KLR)

Eduardo Zinna t/a Villa Zuhura v John Bwire & Associates Advocates (Miscellaneous Application E010 of 2025) [2025] KEELRC 2001 (KLR)

Employment and Labour Relations Court of Kenya
8 July 2025
1,344 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Malindi court confirmed that ELRC Deputy Registrars can tax advocate-client bills, and dismissed an attempt to overturn a Ksh 192,980 taxation.

What this practically means

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Executive summary

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The applicant, Eduardo Zinna, filed an application dated 25 March 2025 under section 89 of the Civil Procedure Act and Rule 11 of the Advocates (Remuneration) Order seeking to set aside the ruling of the High Court Deputy Registrar, Hon. Nancy Makau, delivered on 11 March 2025, in which the respondent advocate's advocate-client bill of costs was taxed at Ksh. 192,980. The bill arose from Malindi CMCC ELRC No. 65 of 2019, Dennis Eshirere Njoroge v Eduardo Zinna t/a Villa Zuhura. The applicant contended that the taxing master lacked jurisdiction because the matter arose from an employment and labour relations dispute, that she failed to exercise judicial discretion, and sought remittal of the bill for taxation before another taxing officer, alleging execution proceedings had commenced. The respondent opposed, arguing that no sufficient cause was shown under paragraph 11 of the Advocates Remuneration Order, and that jurisdiction could not be raised for the first time in the reference, which is in the nature of an appeal. The court accepted that jurisdiction may be raised at any stage, including on appeal. However, it held that the ELRC is a distinct superior court under Article 162(2)(a) with its own Registrar and deputy registrars empowered to tax bills of costs, and that an advocate-client bill filed through a miscellaneous application is properly taxed by the taxing officer of the court concerned. The court found the Deputy Registrar had jurisdiction and dismissed the application, ordering each party to bear its own costs.

Key legal issues

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01

Timeliness of raising jurisdiction

Holding

The jurisdictional question could properly be raised on the reference notwithstanding that it was not raised before the taxing officer

Reasoning

The court applied the settled principle that jurisdiction is a fundamental matter that may be raised at any stage, even for the first time on appeal, and even by the court suo motu, citing Floriculture International Ltd, Kenya Ports Authority v Modern Holding and Lillian S v Caltex Kenya Ltd.

p. 2
02

Jurisdiction of the ELRC Deputy Registrar to tax advocate-client bills

Holding

The ELRC is a distinct superior court with its own Registrar and deputy registrars, who exercise powers conferred by the ELRC Act, including taxing bills of costs; the Deputy Registrar had jurisdiction to tax the bill arising from Malindi CMCC ELRC No. 65 of 2019

Reasoning

The court held that the ELRC, constituted under Article 162(2)(a) and the ELRC Act, has exclusive jurisdiction over employment disputes and is administratively resourced with its own Registrar whose officers may tax bills. An advocate-client bill, unlike a party-and-party bill, need not be taxed in the subject file.

p. 3
03

Taxation venue for advocate-client bills

Holding

An advocate-client bill may be taxed by the taxing officer at the High Court where filed through a miscellaneous application, per Tieno, Ragot & Company Advocates v Kenya Airports Authority

Reasoning

The court distinguished advocate-client bills from party-and-party bills, noting the latter are ordinarily taxed in the subject file. Relying on the Court of Appeal in Tieno Ragot, it found the advocate-client bill filed through a miscellaneous application was properly before a competent Deputy Registrar.

p. 3

Legal principles established

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  • An advocate-client bill of costs arising from proceedings in the Employment and Labour Relations Court may be taxed by a Deputy Registrar of that court, who has jurisdiction to do so
  • A question of jurisdiction may be raised at any stage of the proceedings, including on appeal

Court orders

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  1. 1.The application dated 25 March 2025 is dismissed
  2. 2.Each party shall bear its own costs of the application

Authorities

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Legislation

  • Civil Procedure Actsection 89
  • Advocates (Remuneration) OrderRule 11; paragraph 11; Schedule 7; Part B of Schedule VI
  • Employment and Labour Relations Court Actsection 11(2)
  • Constitution of KenyaArticle 162(2)(a)

Cases cited (6)

  • Floriculture International Ltd v Central Kenya Ltd and 3 Others
    (1995) eKLR
  • Kenya Ports Authority vs Modern Holding [EA] Limited
    [2017] eKLR
  • Kamau v Karanja & another (Petition E005 of 2024)
    [2024] KESC
  • Lillian S" v Caltex Kenya Limited
    (1989) KLR 1
  • Tieno, Ragot & Company Advocates v Kenya Airports Authority
    [2021] KECA 587 (KLR)
  • Dennis Eshirere Njoroge v Eduardo Zinna t/a Villa Zuhura
    Malindi CMCC ELRC No. 65 of 2019
On appeal from
High Court of Kenya (Deputy Registrar, Malindi)
HCCCMISC/E179/24
Jurisdiction invoked
Employment and Labour Relations Court Act; Article 162(2)(a) of the Constitution

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, "Eduardo Zinna t/a Villa Zuhura v John Bwire & Associates Advocates (Miscellaneous Application E010 of 2025) [2025] KEELRC 2001 (KLR)", Case Analysis (2025). Malindi ELRC Miscellaneous Application dated 25 March 2025 (arising from Malindi HCCCMISC/E179/24). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2001/eng@2025-07-08

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