Robson Harris Advocates LLP v Social Health Authority as the legal successor of the National Health Insurance Fund (NHIF) (Miscellaneous Application E132 of 2025) [2025] KEELRC 2503 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Existence of a retainer agreement fixing fees
The parties entered into a valid retainer agreement fixing Kshs 35,480,000.00 as remuneration, evidenced by the Service Level Agreement, correspondence of June 2022, and the Respondent's withholding certificate acknowledging the gross sum.
The Respondent did not deny the Agreement. Clause 19.1 referenced the Advocates Remuneration Order but subsequent correspondence between the parties fixed fees at Kshs 35,480,000.00 exclusive of VAT. The Respondent's own Withholding Certificate dated 26th July 2022 identified the gross transaction as Kshs 35,480,000.00, acknowledging the agreed fees, and it made part payments totalling 50% under the Agreement.
Jurisdiction of the court vis-à-vis the taxing master
Because a valid Section 45 retainer agreement exists, the fees are not subject to taxation; the taxing master cannot review or adjust agreed fees, so the court has jurisdiction.
Section 45(6) of the Advocates Act expressly ousts taxation for fees fixed by agreement under Section 45(1). The Respondent's reliance on Rule 13 of the Advocates Remuneration Order and the taxing master's jurisdiction was therefore misplaced, since the parties had fixed the remuneration by agreement.
Merits - entitlement to the balance of fees
The matter was concluded upon withdrawal of the Petition on 13th March 2024, triggering the final 50% instalment of Kshs 20,643,400.00, which remained unpaid.
Under Schedule 1 of the Agreement, 50% of the fees was payable upon conclusion of the case. The Petition was concluded by withdrawal with the Respondent's acquiescence on 13th March 2024. The Applicant raised the final fee note on 28th March 2024 and sent reminders; no evidence showed the Respondent settled the outstanding fees.
Legal principles established
#- Where an advocate and client make a valid agreement fixing remuneration under Section 45(1) of the Advocates Act, such costs are not subject to taxation nor to section 48, and the taxing master is precluded from reviewing or adjusting the fees agreed by the parties.
Court orders
#- 1.Judgment entered in favour of the Applicant against the Respondent for Kshs 20,643,400.00
- 2.Interest on the said sum at court rates from the date of filing the Application until payment in full
- 3.No orders as to costs
- Jurisdiction invoked
- Sections 45(1) and 45(6) of the Advocates Act; inherent jurisdiction over advocate-client fee disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Robson Harris Advocates LLP v Social Health Authority as the legal successor of the National Health Insurance Fund (NHIF) (Miscellaneous Application E132 of 2025) [2025] KEELRC 2503 (KLR)", Case Analysis (2025). Notice of Motion dated 15th May 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2503/eng@2025-09-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.