Case law
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Division and case type: Environment and Land CourtCivil Suit
…Following the conclusion of the suit, the Respondent Advocate presented an Advocate–Client Bill of Costs dated 19 October 2024 for taxation under the Advocates Remuneration Order, seeking remuneration for professional services…
…Although undertaken pursuant to the Advocates Remuneration Order, taxation is nevertheless an exercise of judicial power affecting the proprietary rights of litigants and the entitlement of advocates to fair remuneration.…
Division and case type: Environment and Land CourtCivil Suit
…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?…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: Environment and Land CourtCivil 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.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: High Court CivilCivil Suit
…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/=.…
Division and case type: Environment and Land CourtCivil Suit
…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…
Division and case type: High Court CivilCivil Suit
…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.…
Division and case type: High Court CivilCivil Suit
…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.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: High Court DivCivil Suit
…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…
Division and case type: Environment and Land CourtCivil Suit
…b) Whether the Defendant/Applicant has offered a reasonable and satisfactory explanation for the delay in giving notice to the taxing officer under Rule 11 (1) of the Advocates (Remuneration) Order?…
…Ratemo bore the obligation to take appropriate steps within the timelines prescribed by Rule 11(1) of the Advocates (Remuneration) Order, and relied on the case of Iimbani Dispensary Project vs Abdi (Miscellaneous Application…
Division and case type: High Court DivCivil Suit
…Regarding the first issue, the Applicant the court’s discretion under Sections 1A, 1B, 3A and 79 (G) of the Civil Procedure Act and on Paragraph 11(4) of the Advocates Remuneration Order, in submitting that the Court has…
…The procedure guiding the objection to the decision of a taxing officer is provided for under Paragraph 11 of the Advocates Remuneration Order.…
Division and case type: High Court CivilCivil Suit
…The 1st Defendant filed Chamber Summons dated 7th April 2025 under Rule 11(2) of the Advocates Remuneration Order.…
…The Applicant further contends that the Taxing Master erred by applying the scale under “other matters” instead of Schedule 6, item 1(b) of the Advocates Remuneration Order, and by failing to appreciate that the suit was…
Division and case type: Environment and Land CourtCivil Suit
…The costs of this application be provided for. 2) The summons is brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Order 21 rule 9A of the Civil Procedure Rules, Rule 11 of the Advocates Remuneration order…
…The procedure for objection on taxation is provided for under Rule 11 of the Advocates Remuneration Order.…
Division and case type: High Court DivCivil Suit
…The Applicants/Defendants have moved this Court by way of a Chamber Summons dated 22 nd October 2025 expressed to be brought under Rule 11 and 16 of the Advocates (Remuneration) Order, 2014, Section 91 of the Civil Procedure…
…The Applicants have invoked the Advocates (Remuneration) Order, specifically Rules 11 and 16. Typically, these provisions govern objections to the taxation of costs.…
Division and case type: High Court CivilCivil Suit
…Dissatisfied by the amount at which the two items in the Bill of Costs were taxed, the Plaintiff filed this Reference by way of the Chamber Summons dated 3/03/2025 under the provisions of Rule 11 of the Advocates (Remuneration…
…The Notice of Preliminary Objection is premised as follows: a) That this Court lacks jurisdiction to hear this matter as it offends rule 11(2) of the Advocates Remuneration Order that requires the Applicant to file a Reference…