County Government of Mombasa v Mohamed Faki Khatib (Advocate/Respondent)
The bottom line
#To successfully challenge an advocate's fees, you must provide concrete evidence of when the legal relationship and instructions legally ended.
What this practically means
#Executive summary
#Key legal issues
#Whether the bills of costs were statute barred when filed on 25/6/2014
The objection failed because the client did not adduce evidence of when the instructions were withdrawn or the retainer ended
The court held that a determination must rest on evidence, not hypothesis. The client relied on the bill of costs showing the last action as attendance at a hearing, but no evidence showed what became of that hearing or whether the litigation closed. The burden lay on the client alleging the statutory bar, and in the absence of evidence the court could not determine the date the cause of action accrued.
Legal principles established
#- The cause of action for recovery of advocates' fees accrues on the termination of the action in which the advocate is retained or on the lawful end of the retainer
- It is the client alleging statutory bar who bears the burden of proving when the retainer ended and the cause of action accrued
Court orders
#- 1.The application (objection that the bills of costs are statute barred) dismissed with costs
- 2.All three bills of costs (Nos. 204, 205 and 206 of 2014) placed before the taxing master for taxation in the usual manner
- Jurisdiction invoked
- Inherent jurisdiction of the High Court over taxation of advocate-client bills of costs; the Deputy Registrar referred the application to the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Mombasa v Mohamed Faki Khatib (Advocate/Respondent)", Case Analysis (2019). Miscellaneous Application No. 204 of 2014 (with Nos. 205 and 206 of 2014). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.