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ELRCDismissedMisc Application No E092 of 2023· [2025] KEELRC 2430 (KLR)

JA Guserwa & Company Advocates v Opiayo (Miscellaneous Application E092 of 2023) [2025] KEELRC 2430 (KLR)

Employment and Labour Relations Court
15 September 2025
1,144 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The Applicant advocate filed a reference against a Taxing Master's decision of 6th December 2024, by which an Advocate-Client Bill of Costs dated 16th March 2023 was taxed at Ksh. 972,094.85. The Applicant contended that the instructions and getting-up fees awarded were too low and were assessed contrary to law, amounting to an error of principle. The Respondent objected that the reference was filed out of time without leave of the court. The court, applying Rule 11 of the Advocates (Remuneration) Order, held that where the reasons for a taxation decision are apparent on the face of the ruling, the Taxing Master need not furnish separate reasons and the 14-day period for filing a reference runs from delivery of the ruling. The ruling of 6th December 2024 was found sufficiently detailed, citing the governing provisions and the formula applied, so the reasons were self-evident. The Applicant, who had written to the court on 9th December 2024 objecting to the award and calling for reasons but received no response, was nonetheless required to file the reference by 20th December 2024. It was instead filed on 27th March 2025, with no application to enlarge time. Following the decision in Republic v Public Procurement Administrative Review Board & another; Sports, Arts and Social Development (Exparte), the court held that a party cannot present a reference out of time without first seeking extension of time. The reference was declared time barred and dismissed, with each party bearing its own costs. The judgment was delivered online pursuant to the Chief Justice's directions of 12th July 2022, with the parties' consent and waiver of Rule 28(3) of the ELRC Procedure Rules.

Key legal issues

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01

Commencement of the 14-day period for filing a reference under Rule 11 of the Advocates (Remuneration) Order

Holding

Because the taxation ruling of 6th December 2024 was sufficiently detailed with the provisions and formula applied, the reasons were self-evident and time ran from delivery of the ruling, expiring on 20th December 2024.

Reasoning

Rule 11 requires an objector to file a reference within 14 days of receipt of the Taxing Master's reasons. Case law establishes that where reasons are apparent on the face of the decision, no separate written reasons are required and time runs from delivery of the ruling. The court found the ruling here sufficiently detailed, citing the applicable provisions and formula, so the Applicant's obligation to file within 14 days was triggered on 6th December 2024.

p. 3
02

Whether the reference filed out of time without leave could stand

Holding

The reference, filed on 27th March 2025 without any application to enlarge time, was time barred and was dismissed.

Reasoning

There was no evidence of any application for extension of time under Rule 11(iv). A litigant is not entitled to present a reference out of time without leave; the proper course is to apply for enlargement of time within which the absence of reasons could be explained. The reference filed more than three months after the ruling was therefore a nullity and had to be dismissed.

Legal principles established

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  • Where the reasons for the Taxing Master's decision are apparent on the face of the ruling, the Taxing Master need not furnish separate reasons and the 14-day period for filing a reference runs from the date the ruling is delivered.
  • A party who fails to file a reference within 14 days must first seek leave of the court to file it out of time; the reference cannot simply be presented without more.

Court orders

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  1. 1.The reference is dismissed for being filed outside the prescribed timelines without leave of the court
  2. 2.Each party to bear own costs

Authorities

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Legislation

  • Advocates (Remuneration) OrderRule 11
  • ELRC Procedure RulesRule 28(3)

Cases cited (1)

  • Republic v Public Procurement Administrative Review Board & another; Sports, Arts and Social Development (Exparte)
    Application E063 of 2021 [2023] KEHC 22514 (KLR) (Judicial Review) (25 September 2023) (Ruling)
Jurisdiction invoked
Rule 11 of the Advocates (Remuneration) Order

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, "JA Guserwa & Company Advocates v Opiayo (Miscellaneous Application E092 of 2023) [2025] KEELRC 2430 (KLR)", Case Analysis (2025). Misc Application No E092 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2430/eng@2025-09-15

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