Eduardo Zinna t/a Villa Zuhura v John Bwire & Associates Advocates (Miscellaneous Application E010 of 2025) [2025] KEELRC 2001 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Timeliness of raising jurisdiction
The jurisdictional question could properly be raised on the reference notwithstanding that it was not raised before the taxing officer
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.
Jurisdiction of the ELRC Deputy Registrar to tax advocate-client bills
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
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.
Taxation venue for advocate-client bills
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
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.
Legal principles established
#- 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
#- 1.The application dated 25 March 2025 is dismissed
- 2.Each party shall bear its own costs of the application
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.