[2021] KEELRC 1992 (KLR)
The court found that the Respondent had properly invoked the procedure under Rule 11 of the Advocates (Remuneration) Order to challenge the Taxing Master's decision on its Bill of Costs. In the absence of any reply or opposition from the Petitioners, the court was satisfied that the Respondent's reference should be...
Source-derived case information.
- Citation
- [2021] KEELRC 1992 (KLR)
- Parties
- Applicant: Charles Waweru Kimani; Applicant: Abednego Mutua; Applicant: Charles Oluoch; Applicant: Peterson Sagwe Ogamba; Applicant: Kithembe Kyale; Applicant: Daniel Mailu; Applicant: Daniel Mwasya; Applicant: Elly Muratenyi Vita; Applicant: Joash Otwoma Bosire; Applicant: Anthony Mwangi Kinyua; Respondent: The Kenya Kazi Services Limited; Respondent: The Kenya Private Universities Workers Union; Respondent: The Kenya National Private Security Workers Union; Respondent: Central Organisation of Trade Unions
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition 49 & 123 of 2018
- Procedural Posture
- Petition / Reference Under Rule 11 of the Advocates Remuneration Order; Ruling on Objection to Taxation of Bill of Costs
- Outcome
- Reference allowed; Taxing Master's decision set aside; Bill of Costs to be taxed afresh; no order as to costs.
- Judges
- J Rika
- Legal Topics
- Taxation of Costs, Bill of Costs, Advocates Remuneration, Reference Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Waweru Kimani
Applicant
Abednego Mutua
Applicant
Charles Oluoch
Applicant
Peterson Sagwe Ogamba
Applicant
Kithembe Kyale
Applicant
Daniel Mailu
Applicant
Daniel Mwasya
Applicant
Elly Muratenyi Vita
Applicant
Joash Otwoma Bosire
Applicant
Anthony Mwangi Kinyua
Applicant
The Kenya Kazi Services Limited
Respondent
The Kenya Private Universities Workers Union
Respondent
The Kenya National Private Security Workers Union
Respondent
Central Organisation of Trade Unions
Respondent
Procedural Posture
Petition / Reference Under Rule 11 of the Advocates Remuneration Order; Ruling on Objection to Taxation of Bill of Costs
Legal Issues
- 1 Whether the decision of the Taxing Master on the Respondent's Bill of Costs should be set aside and the Bill taxed afresh.
- 2 Whether the absence of a reply from the Petitioners affects the determination of the reference.
Ratio Decidendi
The court found that the Respondent had properly invoked the procedure under Rule 11 of the Advocates (Remuneration) Order to challenge the Taxing Master's decision on its Bill of Costs. In the absence of any reply or opposition from the Petitioners, the court was satisfied that the Respondent's reference should be allowed. Consequently, the decision of the Taxing Master dated 20th February 2020 was set aside, and the Bill of Costs was ordered to be taxed afresh. The court made no order as to costs, taking into account the lack of opposition and the nature of the application.
Court Disposition
Reference allowed; Taxing Master's decision set aside; Bill of Costs to be taxed afresh; no order as to costs.
Orders
- The decision of the Taxing Master of 20th February 2020 is set aside.
- The Bill of Costs shall be taxed afresh.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOURRELATIONS COURT
AT NAIROBI
PETITION NUMBER 49 OF 2018
(as consolidated with petition 123 of 2018)
BETWEEN
CHARLES WAWERU KIMANI ......................................................1ST APPLICANT/PETITIONER
ABEDNEGO MUTUA.....................................................................2ND APPLICANT/PETITIONER
CHARLES OLUOCH ......................................................................3RD APPLICANT/PETITIONER
PETERSON SAGWE OGAMBA....................................................4TH APPLICANT/PETITIONER
KITHEMBE KYALE ......................................................................5TH APPLICANT/PETITIONER
DANIEL MAILU............................................................................. 6TH APPLICANT/PETITIONER
DANIEL MWASYA .......................................................................7TH APPLICANT/PETITIONER
ELLY MURATENYI VITA ............................................................8TH APPLICANT/PETITIONER
JOASH OTWOMA BOSIRE ....................................................... 9TH APPLICANT/PETITIONER
ANTHONY MWANGI KINYUA.................................................10TH APPLICANT/PETITIONER
VERSUS
THE KENYA KAZI SERVICES LIMITED...............................................................RESPONDENT
AND
THE KENYA PRIVATE UNIVERSITIES WORKERS UNION..................INTERESTED PARTY
THE KENYA NATIONAL PRIVATE SECURITY WORKERS UNION.....INTERESTED PARTY
CENTRAL ORGANISATION OF TRADE UNIONS....................................INTERESTED PARTY
RULING
1. The Respondent filed a reference under Rule 11 of the Advocates (Remuneration) Order, on 12 March 2020.
2. The Order sought is not clear. It is worded as follows:-
“The Respondent’s objection to the decision of Taxing Officer on all the items of the Respondent’s Bill of Costs dated and filed on 1st October 2019, be heard and decided.”
3. The matter was mentioned on 17. 12. 2020, when the Respondent informed the Court, that there was no reply to the Application. The Respondent sought a date for the Ruling, which was scheduled for 18. 2.2021. Unfortunately, the Court was not able to deliver the Ruling on 18. 2.2021.
The Court finds:-
4. There is no reply to the Application from the Petitioners.
5. The Respondent is challenging the decision of the Taxing Master on Respondent’s own Bill of Costs. The Court presumes that the Respondent seeks to have the Bill taxed afresh.
6. In the absence of a reply from the Petitioners, IT IS ORDERED: -
a. The decision of the Taxing Master of 20th February 2020 is set aside.
b. The Bill of Costs shall be taxed afresh.
c. No order on the costs.
DATED AND DELIVERED AT NAIROBI THIS 25TH DAY OF FEBRUARY, 2021.
JAMES RIKA
JUDGE