Search court decisions

…Remuneration Order made under the Advocates Act (Chapter 16 of the Laws of Kenya) which regulate the practice of Advocates.…

…Regulation 24, Part II of the Advocates Remuneration Order in relation to non-contentious matters provides for the responsibility of preparation of documents.…

…Remuneration Order.…

…Remuneration Order.…

…He states that the Applicant did not lodge any protest or objection to the taxation in the primary suit as required by the provisions in Regulation 11 of the Advocates (Remuneration) Order, 1962 (ARO).…

…No mention is made of orders made under the Advocates Remuneration Order. And it is a basic principle of procedural law that appeals to the High Court lie only where a right of appeal has been conferred be statute.…

…Remuneration Order.…

…I note that the trial court capped costs at Kshs. 10,000 without reference to the Advocates Remuneration Order, the value of the subject matter and without giving any reasons on record justifying the limitation.…

…It was brought under paragraph 11(2) of the Advocates (Remuneration) Order.…

…Paragraph 11(2) of the Advocates (Remuneration) Order provides as follows: (1) Should any party object to the decision of the taxing officer, he may within fourteen days after the decision give notice in writing to the taxing…

…(Remuneration) Order is a special procedure intended for the expeditious resolution of disputes arising between advocates and their clients over the quantum of fees payable.…

…Waweru, J. held: “Taxation of costs whether those costs be between party and party or between advocate and client is a special jurisdiction reserved to the taxing officer by the Advocates Remuneration Order.…

…The application is brought under Rule 11(3) of the Advocates (Remuneration)Order, Order 51, Rule 1 of the Civil Procedure Rules. 3.…

…Remuneration Order, before filing it.…

…Paragraph 11 of the Advocates Remuneration Order provides as follows:- 1.…

…Remuneration Order for ling of References.…

…By Chamber Summons dated 8th October 2024 brought under the provisions of Rule 11 of the Advocates Remuneration Order, the applicant seeks for review, variation and /or setting aside of the Orders made by the Learned Deputy…

…According to the applicant the subject matter of the appeal was “dismissal of an application” which in its view, was not provided for in the Advocate Remuneration Order.…

……RESPONDENTS RULING Before me are two applications filed by the applicants: A Chamber Summons dated 16th September 2024, brought under Schedule 6 Rule 1 (b) of the Advocates Remuneration Order 2014, and all enabling provisions…

…The application does not qualify as a reference under Order 11 of the Advocates Remuneration Order (ARO), having fallen short of the conditions set under Order 11 of the ARO.…

…Waweru, J. held: “Taxation of costs whether those costs be between party and party or between advocate and client is a special jurisdiction reserved to the taxing officer by the Advocates Remuneration Order.…

…The court will not be drawn into the arena of taxation except by way of reference (from a decision on taxation) made under Rule 11 of the Advocates Remuneration Order. [13] As has been pointed out by the appellant, there…

…On the last issue, the appellant posited that costs of Kshs. 30,000/- are manifestly low viewed against the Advocates Remuneration Order 2014. The Respondent’s Submissions 14.…

…In this case, I understand the appellant to challenge the trial court’s exercise of discretion, arguing that it should have abided by the Advocates Remuneration Order. That contention is misplaced.…

………….2ND APPELLANT VERSUS FREDERICK ORESMUS GITAHI………………………………………..RESPONDENT RULING The Application The Appellants have moved this court through a Chamber Summons dated 3rd December 2024 anchored under Rule 11(4) of the Advocates…

…Remuneration Order and all other enabling provisions of the law, seeking the following orders: This honourable court be pleased to issue orders for stay of execution of the respondent’s certificate of taxation dated 9th…

…The Appellant asserts that Paragraph 53 of the Advocates Remuneration Order which ostensibly formed the basis of the trial court’s decision in declining to award costs is not applicable in the circumstances of this case,…

…Paragraph 53 of the Advocates Remuneration Order which ostensibly informed the trial magistrate’s finding on the issue of costs provides that no costs are to be awarded where a suit is brought without notice to the defendant…

…It is noted that the Business Premises Rent Tribunal does not have jurisdiction to tax costs, which falls within the mandate of a taxing master under the Advocates Remuneration Order.…

…It states: Where the amount of costs has been— (a) agreed between the parties; (b) fixed by the judge or magistrate before the decree is drawn; (c) certified by the registrar under section 68A of the Advocates (Remuneration…

…) Order (Sub.…

…taxation of the auctioneers bill of costs, holding that the application failed to comply with the procedure prescribed by rule 55(5) of the Auctioneers Rules. 38.Thus, a reference from taxation pursuant to paragraph 11 of the Advocates…

…Remuneration Order is not synonymous with an appeal pursuant to rule 55(5) of the Auctioneers Rules. 39.Unlike in the above cited cases referred to extensively by F.A Ochieng J (as he then was), in the present case, the…

…Taxation of costs is a distinct process governed by the Advocates (Remuneration) Order. It does not, of itself, amount to execution of the decree.…

…Taxation of costs is a distinct process governed by the Advocates (Remuneration) Order. It does not, of itself, amount to execution of the decree.…