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ELRCDismissedApplication dated 16th September 2024 (Eldoret ELRC)· [2025] KEELRC 2710 (KLR)

Aloo Romanus & Company Advocates v Simiyu (Miscellaneous Application E024 of 2024) [2025] KEELRC 2710 (KLR)

Employment and Labour Relations Court
3 October 2025
MOM. Onyango
611 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled an advocate must enforce a written fee agreement with their client rather than pursue taxation of a bill of costs.

What this practically means

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Executive summary

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The Applicant advocate moved the court by application dated 16th September 2024 seeking that an Advocate-Client Bill of Costs relating to Eldoret Magistrates Court ELRC No. E048 of 2021, Boaz Mulongo Simiyu v Samaritans Purse International, be taxed and allowed. The Applicant asserted that it was instructed by the Respondent and rendered legal services, but the Respondent neglected, refused or ignored to pay fees and disbursements despite demands. The Respondent opposed by Replying Affidavit sworn on 3rd February 2025, contending that he withdrew his instructions and that the parties had a mutual agreement, evidenced by an 'Unfair termination instruction form' (BMS1), that he would pay a standard figure of Kshs. 50,000 upon withdrawal. He further argued the underlying case was unconcluded and that he had been unfairly terminated, was unemployed, and would pay after the employment cause was determined. The application was disposed of by written submissions. The court held it undisputed that the advocate was instructed and rendered services before withdrawal. Applying Section 45 of the Advocates Act, the court found that a written agreement fixing remuneration is valid and binding unless vitiated by fraud, illegality or manifest unfairness, and that the Applicant had placed no material suggesting the instruction form was illegal, unreasonable or unenforceable. The court therefore held that the Applicant's recourse lies in enforcing the agreement rather than taxation of a bill of costs. The application dated 16th September 2024 was dismissed with no orders as to costs. Judgment was delivered on 3rd October 2025 by M. Onyango, Judge.

Key legal issues

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01

Whether an advocate may tax a bill of costs where a written remuneration agreement exists covering withdrawal of instructions

Holding

The advocate's recourse is to enforce the written agreement, not to pursue taxation

Reasoning

Section 45 of the Advocates Act permits an advocate and client to agree in writing on remuneration, and such agreement binds the parties. The instruction form (BMS1) fixed Kshs. 50,000 as the fee payable upon withdrawal of instructions. The Applicant produced no material showing the agreement was illegal, unreasonable or unenforceable. Having rendered services before instructions were withdrawn, the Applicant's remedy lies in enforcing the agreement rather than taxation.

p. 2

Legal principles established

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  • A written agreement under Section 45 of the Advocates Act fixing an advocate's remuneration is valid and binding unless vitiated by fraud, illegality or manifest unfairness

Court orders

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  1. 1.The application dated 16th September 2024 is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Advocates ActSection 45
  • Advocates ActSection 44
  • Advocates ActSection 46
Jurisdiction invoked
Advocates Act, Section 45 (taxation of advocate-client bill of costs before the taxing master)

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, "Aloo Romanus & Company Advocates v Simiyu (Miscellaneous Application E024 of 2024) [2025] KEELRC 2710 (KLR)", Case Analysis (2025). Application dated 16th September 2024 (Eldoret ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2710/eng@2025-10-03

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