Search court decisions

…That the suit was filed in 2012 and the applicable Remuneration Order is the 2009 one and the taxing officer erred in principle in applying the 2014 Advocates Remuneration Order when taxing the 3rd defendant’s party to party…

…Which was the applicable Advocates (Remuneration)(Amendment) Order, 2009 or 2014?…

…The applicants have argued that the taxing master erred in awarding the instruction fees and referred the court to the provisions of Schedule 6 of the Advocates Remuneration Order.…

…the Advocates Remuneration Order, 2014 and specifically schedule 6 thereof.…

…The application was brought pursuant to the provisions of Rule 11 of the Advocates Remuneration Order. 2.   …

…Whether the Petitioners application dated 8th June 2025 offends paragraph 11 of the Advocates Remuneration Order b.   …

…Under the said Paragrapgh 11, of the Advocates Remuneration Order, an “appeal” against the decision of a taxing officer in a taxation matter is not provided for.…

…There is no reference as contemplated under paragraph 11 of the Advocates Remuneration Order, challenging the decision of the Taxing Officer, that has been filed in this suit.…

…On 30 June 2023, the Plaintiff filed a Chamber Summons Application of even date under paragraph 11(4) of the Advocate’s Remuneration Order and all other enabling provisions of law seeking orders that: i.…

…This Court lacks the jurisdiction to hear and determine this Reference as the same is time-barred in light of Rule 11(2) of the Advocates (Remuneration)Order, 2014; and ii.…

…By a notice of motion dated 28.02.2025 filed pursuant to Section 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and paragraph 11(2) of the Advocates Remuneration Order the defendant sought the following orders; a.…

…Second, the defendant had failed to give a written objection to the taxing officer’s decision as required under paragraph 11(1) of the Advocates Remuneration Order.…

…That, under the current Remuneration Order, the instruction fees in a defended matter where the suit property is valued at Kshs. 1,000,000/= are Kshs. 120,000/=.…

…The primary ground for court intervention is where the taxing master misdirects themselves on the law or the applicable remuneration scales.…

…He stated that the award of Kshs. 300,000/= as instruction fee and Kshs. 100,000/= as getting up fees was grossly inadequate and contrary to the provisions of Schedule 6 of the Advocates Remuneration Order, 2014.…

…He further averred that within the province of Rule 11(2) of the Advocates Remuneration Rules, the taxing master was to give reasons upon receipt of the letter seeking reasons.…

…The Application is anchored under Regulation 11(2) of the Advocates Remuneration Order and other enabling provisions. It seeks the following orders: Spent. Spent. Spent.…

…It was submitted that the amount provided for defending a Notice of Motion Application under Schedule 6 of the Advocates Remuneration Order is Kshs 5,000/=.…

…Order and that the amount arrived at by the taxing officer on item 1 & 2 of the bill was too high and contrary to the Advocates Remuneration Order. 5.…

…The Respondent in opposing the application averred that the Ruling of the Taxing Officer was delivered on 9 th October 2025 and pursuant to Rule 11 (2) of the Advocates (Remuneration) Order 2014 , any party aggrieved by a…

…Instruction Fees Instruction fees in party and party costs are governed by Schedule 6 of the Advocates (Remuneration) Order, 2014.…

…Folios in Drawings and Perusals Rule 17 of the Advocates (Remuneration) Order defines a folio as 100 words and provides that any fraction of a folio shall be charged as one folio.…

…THAT the Respondents/Applicants were able to file notices of objection within 14 days as specified under sections 11 (1) and (2) of the Advocates Remuneration Order, 2014.…

…THAT the intended reference carries a highly jurisprudential value question on the interpretation and applicability of Rule 62 of the Advocates Remuneration Order that requires determination by a superior Court where advocates…

…Lutta raised one significant point: Paragraph 11(1) of the Advocates Remuneration Order states that an objector to a Taxation order should give notice in writing to the taxing officer within 14 days.…

…The taxing master, as per the Advocates Remuneration Order, is the officer responsible for assessing and determining the costs and fees payable to advocates.…

…Instruction Fees Instruction fees in party and party costs are governed by Schedule 6 of the Advocates (Remuneration) Order, 2014.…

…Folios in Drawings and Perusals Rule 17 of the Advocates (Remuneration) Order defines a folio as 100 words and provides that any fraction of a folio shall be charged as one folio.…

…For determination is the Plaintiff’s/Applicant's Chamber Summons dated 13th April 2026, brought under Paragraph 11 of the Advocates (Remuneration) Order, Order 42 Rule 6, Order 22 and Order 50 of the Civil Procedure Rules…

…Secondly, they state that the fresh reference was filed outside the mandatory timelines in paragraph 11 of the Advocates Remuneration Order and that the application for enlargement of time rests upon misrepresentation.…

…For determination is the Plaintiff’s/Applicant's Chamber Summons dated 13th April 2026, brought under Paragraph 11 of the Advocates (Remuneration) Order, Order 42 Rule 6, Order 22 and Order 50 of the Civil Procedure Rules…

…Secondly, they state that the fresh reference was filed outside the mandatory timelines in paragraph 11 of the Advocates Remuneration Order and that the application for enlargement of time rests upon misrepresentation.…

…but did not file any objection before the taxing officer; that the claim by the plaintiff that the value of the subject matter can only be derived from the judgement is misleading in view of Schedule 6 of the Advocates Remuneration…

…The taxing officer ruling clearly shows that he correctly took note that the suit was filed in the year 2018, and the applicable Order was Advocates Remuneration Order 2014.…

…Section 49 (a) specifically provides as follows: Where, in the absence of an agreement for remuneration made by section 45, a suit has been brought by an advocate for the recovery of any costs and a defence is filed disputing…

…Section 45 of the Advocates Act provides for agreements for remuneration between advocates and their clients, and such an agreement shall be valid and binding on the parties provided it is in writing and signed by the client…

…Oluga on 14th October 2025, the Petitioners aver that the application has been filed three (3) months outside the statutory time as required under Rule 11 (1) and (2) of the Advocates Remuneration Order, 2014.  …

…filed a “Notice of Preliminary Objection” dated 19th May 2025 in which they asserted that the Reference was filed three (3) months outside the statutory timelines as provided under Rule 11 (1) and (2) of the Advocate’s Remuneration…