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…the prescribed fourteen-day period following taxation and therefore satisfied the requirements of Rule 11 of the Advocates Remuneration Order.…

…Thirdly, counsel argued that the Applicant improperly filed the Chamber Summons within the appeal proceedings instead of instituting a proper reference in accordance with the Advocates Remuneration Order.…

…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.…

…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).…

…Advocates case (supra), the court rendered itself as follows on the place of the ARO and the invocation of the CPR: - “First, the Advocates Remuneration Order is a complete code and there is no provision for the invocation…

…the main issues for determination are whether the trial court erred in disallowing the Appellant’s claim of Kshs. 30,000 for car hire and in capping party-and-party costs at Kshs. 10,000 without reference to the Advocates Remuneration…

…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…

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

…on 16.9.2024, exactly five months after the delivery of the ruling on the bill of costs on 24.4.2024; the applicants did not seek an extension of time to file the reference, as provided under Rule 11 (4) of the Advocates Remuneration…

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

…Temu was a Registrar, District or Deputy Registrar within the meaning of paragraph 10 of the Advocates Remuneration Order.…

…Kshs. 115,600/= pursuant to Order 21 Rule 9(2) of the Civil Procedure Rules. [5] Needless to point out that the taxation procedure as provided for in the Advocates Act, Chapter 16 of the Laws of Kenya and the Advocates (Remuneration…

…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.…

…Section 45 allows parties to agree on remuneration as follows: “45.…

…Agreements with respect to remuneration (1) Subject to section 46 and whether or not an order is in force under section 44, an advocate and his client may—(a)before, after or in the course of any contentious business, make…

…He submitted that the respondents only disputed the quantum of fees and not the fact that legal services had been rendered, and therefore the court ought to have determined the appropriate remuneration instead of dismissing…

…, after taxation of the Advocate–Client Bill of Costs by the taxing officer under the Advocates Remuneration Order." 18.…

……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…

…They also denied any agreement, oral or otherwise setting out the terms of the scope of services to be rendered and the remuneration as claimed.…

…In the said letter, the Appellant expressly admitted that there was no agreement between the parties on the scope of his duties and remuneration thereof hence he could not make a demand on that basis.…

…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.…

…The defendant was a medical student and it is alleged in the plaint that in consideration of receiving remuneration from Government during his internship training the defendant executed a bond to repay to the Government a…

…Applicant was served with the party-and-party bill of costs, participated in the taxation process by filing submissions, and never lodged a reference against the taxed amount as required under Rule 11 of the Advocates (Remuneration…

…On the issue of the certificate of taxed costs, no decree and certificate of costs have not been filed herein and no reference was filed under Rule 11 of the Advocates (Remuneration) to challenge the taxation.…

…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…

…The Respondent cited section 11(1) of the Advocates Remuneration Order that allows time for filing of the Objection to the decision of the Taxing Master as 14 days and submitted that this timeline ought to be complied with…

…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 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…