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…(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.…

…First, whether the defendant has made out a case for extension of time to file a reference out of time. Second, whether the defendant’s intended reference has merit. Third, who shall bear costs of the application. 7.…

…Even if the court were to venture into the merits of the reference, it is obvious from the material on record that the defendant cannot possibly mount a competent reference.…

…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.…

…The Applicant also seeks costs of the reference. 6.   …

…The Reference was canvassed by way of written submissions, wherein the Client/Applicant filed its written submissions through Maina Ngaruiya Advocates, and urged the court to allow the Reference.…

…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.…

…In exercise of its discretion to file a reference out of time, a court has to be satisfied that the omission to file the same within time was excusable.…

…In other words, there has to be a plausible explanation for the delay in filing the reference within the statutory period.…

…He urged the court to allow the reference as prayed.…

…The first issue was whether the Honourable court should enlarge time for filing of reference.…

…The material on record shows that when the reference was set down for hearing on 21.11.2023 the appellant was not present hence the Tribunal directed that the reference shall be canvassed on the basis of documents and witness…

…had not consented to that the abridged version of canvassing the reference. 14.…

…I frame the single dominant issue for the court's determination as to whether to enlarge the time to file a reference to this court. 5.…

…By the time he was discharged, the 14-day window to file a reference to this court had lapsed. 7. He quickly filed this application to allow time to file the reference.…

…He urged the court to allow the reference as prayed.…

…The first issue was whether the Honourable court should enlarge time for filing of reference.…

…The following prayers are sought in the reference a. ……………. Spent b.…

…The filing of the reference without compliance is thus said to be irregular and premature and this court lacks jurisdiction to entertain it. 11.…

…Applicant’s reference 3.…

…Whether there is merit in the applicant’s reference. b. Who shall bear costs of the application. E. Analysis and determination a. Whether there is merit in the applicant’s reference 7.…

…(Being a reference seeking to set aside or vary the Ruling of Hon. S M MOKUA (CM) made on 20th February 2024 In Kapsabet MCELC E009 of 2022) 1.…

…dismiss the reference with costs.…

…The Client/ Applicant further prays for the costs of the Reference/ Application. 9.   …

…The Reference /Application was canvassed by way of written submissions.…