Case law
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Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The respondent subsequently refused to pay the legal fees and engaged another advocate, as outlined in the Notice of Change of Advocates dated 22 July 2023.…
…The ruling regarding section 45(6) of the Advocates Act was correct.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Nyakundi Advocates (the Respondent) alleging unfair labour practices and breach of contract. 2. Filed together with the Statement of Claim was a Motion seeking orders: (i) spent.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…This ruling relates to the Amended Chambers Summons dated 27th October 2025, brought under Paragraph 11 (2) of the Advocates Remuneration Order (ARO).…
…Hashiruma (Advocate) and it is opposed by the Respondent (Client) vide Replying Affidavit sworn on 30th September 2025. Facts of the case 3. …
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The applicant filed an application dated 25 March 2025 under the provisions of section 89 of the Civil Procedure Act, Rule 11 of the Advocates (Remuneration) Order and Schedule 7 of the Advocates Remuneration Order seeking…
…In this regard, under the Advocates Remuneration Order, an Advocate/Client Bill of Costs should be taxed by the taxing officer at the High Court, as held in Tieno, Ragot & Company Advocates v Kenya Airports Authority [2021…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…Before Court is the Advocate/Applicant’s chamber summons application dated 11th December, 2024, brought pursuant to Rule 11 (2) of the Advocates (Remuneration) Order, wherein the Applicant seeks the following orders: - i.…
…Electer Akoth Riany, on 28th October 2024, who noted that the Advocate’s Reference had been allowed, thereby reinstating the Advocate–Client Bill of Costs for taxation.…
Division and case type: Employment and Labour Relations CourtAppeals
…ADVOCATES ……………………………………. 2ND APPELLANT VERSUS ALBERT IHA THOYA ……………………………………………..… RESPONDENT RULING The appellants filed an application dated 22 August 2024 under the provisions of Article 159 of the Constitution, Sections…
…Ali the manager of the 1st appellant who avers that judgment in Mombasa MCELRC No.E640 of 2023 was delivered on 15 August 2024 and the 2nd appellant was notified through a letter dated 16 August 2023 by the respondent’s advocates…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…………………………………………CLAIMANT VERSUS KIMONDO GACHOKA & COMPANY ADVOCATES………………………………..RESPONDENT JUDGMENT The claimant initiated the instant suit vide a statement of claim dated 26th November, 2024 alleging unfair termination of…
…Allan Onsongo testified that Advocates, Legal Assistant Clerks, medical doctors and the investigation team performed different tasks.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…It is his case that his earlier application was dismissed because his former advocate fell ill and abandoned the case, and not out of neglect on his part, hence the current application is not res judicata. 16.…
…The record indicates that the Applicant made part payment of legal fees, and the balance resulted from an assessment of Advocate/Client costs, which again, the Applicant has shown that he has made part payment of the assessed…
Division and case type: Employment and Labour Relations CourtAppeals
…Indeed, on 23 November 2023 and 21 March 2024, the appellant's advocates attended court, and it was agreed that applications dated 6 December 2023 should be heard through written submissions on 16 April 2024.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The Advocate’s Application 12 In support of his Notice of Motion application, the Advocate states that despite the taxation of their Advocate-Client bill of costs by the Taxing Master in their favour, in the sum of KShs.…
…b) Which Schedule of the Advocates Remuneration Order applied to the Advocate-Client bill of costs that was before the taxing Master?…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…It is its contention that the jurisdiction of the Court in matters relating to Advocate–Client Bills of Costs is governed by Paragraph 11 of the Advocates (Remuneration) Order, which sets out the procedure for objecting to…
…The Advocate/Respondent further relies on Kwengu & Company Advocates v Raja in support of the argument that failure to file a proper Reference is fatal to an application challenging taxation proceeding. 12.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The Advocate's Bill of Costs dated 28/10/2022 in ELRCMISC/E181/2022 Oscar Onyango T/ A Oscar & Associate Advocates -Vs- Jeniffer Mulee Kyengo be taxed De-Novo before another Deputy Registrar. vi.…
…of Advocates not on record for the Applicant in the Bill. 10.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…E073 of 2024, Oscar Associate Advocate V Fredrick Njihia Kanyora.…
…Indeed, he admits that the respondent advocate represented him in the suit against his employer in 2023 and is now pursuing part of the court award allegedly held by his advocate.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The Advocate’s Application 12 In support of his Notice of Motion application, the Advocate states that despite the taxation of their Advocate-Client bill of costs by the Taxing Master in their favour, in the sum of KShs.…
…b) Which Schedule of the Advocates Remuneration Order applied to the Advocate-Client bill of costs that was before the taxing Master?…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The Taxing Officer taxed an Advocate–Client Bill of Costs presented by Okoth & Kiplagat Advocates (the advocate) on 30 April 2025. 2.…
…The advocate filed an affidavit opposing the Reference on 13 October 2025. 5.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…Advocates [2024] eKLR, the court held that instructions fees, including advocate/client fees, must be reasonable and proportionate to the work done. The taxing officer must not apply a mechanical subject matter value.…
…The delay is excusable, and under Paragraph 11(4) of the Advocates (Remuneration) Order, the court has discretion to extend time for filing an objection and a reference.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The applicant cannot apply under the same reference to challenge a negative order of dismissal by seeking a stay of execution to address an intended appeal, as held in Asige Keverenge & Anyanzwa Advocates v Kenya Revenue…
…Upon the dismissal of the client/advocate application, there is nothing to stay. The negative order will not facilitate any possible stay as sought by the applicant.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…It is not in dispute that the Advocate was duly instructed by the Respondent to act for him in the matter and he indeed rendered legal services before instructions were withdrawn. 9.…
…Pursuant to Section 45 of the Advocates Act, agreements for payment of legal fees is governed under certain parameters.…
Division and case type: Employment and Labour Relations CourtAppeals
…In resisting the appeal, the Respondent submitted, in the main, that the Appellant operated parallel law firms in the names and styles of Nzara Advocates and Munyoki Maheli & Co.…
…Advocates, which he registered on 5th March 2021, squarely within the currency of the alleged employment.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…He further argues that his advocates, Abidha & Company Advocates, ought to have been served. Besides the Advocate had his email and WhatsApp contacts which were not utilized for service. 7.…
…11 of the Advocates Remuneration Order (ARO).…