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…(ii) Whether the reference is merited? (iii) Who bears the cost of the reference? Analysis and Determination 9.…

…The said paragraph is the one that gives jurisdiction to the court to hear and determine references and hence the competence or otherwise of the reference is a jurisdictional issue. 11.…

…The only issue for determination is whether or not the non-service of the Respondent’s Reference on the Applicant was fatal and warrants the striking out of the entire Reference.…

…Consequently therefore, the entire Reference should be struck out with costs.…

…. a) Whether there is a proper and competent reference before court. b) Whether or not the Bill of costs was taxed under the correct principles. c)Whether the reference is merited. d)Who bears the costs of the Reference?…

…Katana Miscellaneous Reference E015/2024 (2025) Ruling KEELRC 1135 (KLR) K.…

…The Reference essentially challenges the instructions fees and getting up fees.…

…(i) Whether there is a proper and competent reference before court. (ii) Whether or not the Bill of costs was taxed under the correct principles. (iii) Whether the reference is merited.…

…taxation but the said advocates did nit file the said reference in time leading to the striking out of the reference filed vide ELC MISC E001 OF 2025 Kilgoris.…

…(iii) That time ought to be enlarged so as to enable the reference to be filed. 4.…

…On the strength of the above and a host of other authorities they cited the Applicants urge the court to allow the reference. 10.   …

…The issues up for determination arising from the reference is; (i)   whether or not the reference is competent? (ii)   Whether or not the reference is merited, and (iii)   What reliefs ought to issue.…

…On 8th August 2025, the Plaintiff lodged the Reference now under consideration.…

…the subject matter of the Reference remained alive after the Consent. 12.…

…The Respondents submitted that the Applicant sought extension of time to file a reference, a whole year after filing the reference.…

…The Applicant filed the reference on 29th May 2023.…

…(iv) That, upon grant of prayer 2 and 3 above the draft notice of objection and draft reference hereto be deemed as du;y filed and served upon payment of requisite fees, The grounds in support of the reference are interalia…

…reference in time leading to the striking out of the reference filed vide ELC MISC E001 OF 2025 Kilgoris.…

…The application also seeks for an order that costs of the reference be provided for.…

…In response to the reference, the Respondent filed grounds of opposition dated 12th June, 2025.…

…That until the said reference is heard and determined, the Certificate of Costs and, or taxation order is not final or conclusive, as it may be altered, varied, or set aside by the Court upon determination of the reference…

…That where a party has filed a reference under paragraph 11 of the Advocates Remuneration Order by filing a reference the Certificate of taxation is not final and cannot be enforced until the court determines the same.…

…On the strength of the above the Interested party submits that the Reference be dismissed. Issues for Determination 13.…

…From the reference, the submissions and consideration of the law the court frames the following as issues for determination (i) Whether or not there is a competent reference before court.…

…On behalf of the Respondent, it was submitted that the main suit (i.e. the reference) was properly tried and determined. That the interlocutory applications were consolidated with reference for hearing and disposal.…

…The ruling shows that the court considered the reference and made findings on the same and a final decision.…

…It was submitted on behalf of the Respondent that a Reference should be filed within 14 days.…

…The orders sought in the application are first, for leave to file Reference out of time.…

…The Reference challenges the decision of the Taxing Master, Hon. M.…

…The Reference was unopposed. Affidavit of service filed by Ruth Otieno Advocate on 25th February, 2025 shows that the Respondent was served with the Reference via email on 16th January, 2025 at 11.00.…

…The Applicant being dissatisfied by the Ruling pronounced on the 07.10.2022 in the proceedings known ELC MISC.APPLICATION NO. 50 OF 2022 elected to file a Reference before this Court which Reference was assigned ELC MISC.…

…The Applicant was of the considered view that his intended Reference was merited and had a high chance of success.…

…Submissions The References were canvassed by way of written submissions.…

…Submissions on Applicant’s Reference I have considered the two applications/References arising from the Ruling of the Taxing Master dated 5th September, 2024.…

…This was the cause of action that was entailed in the Reference dated 22.05.2024. 32.   …

…The first pleading was the Reference dated 22.05.2024 seeking to object to the Termination Notice dated 01.03.2024. 56.   …

…and, or consequential orders pending the hearing and determination of the intended Reference. 4) THAT costs of this application be approved. 2 The application seeks leave to file reference against the Ruling/taxation of the…

…The subject is the grant of leave to file reference out of time against the taxation.…

…The reference was opposed vide the grounds of opposition dated 17th October 2025 filed by the 5th defendant.  …

…The reference was heard orally on 17th December 2025. It was submitted on behalf of the applicant that the reference challenges items 2 and 3 of the 5th Defendants Party and Party Bill of Costs dated 25th April 2025. …