https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4797

https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4797

The Client’s reference failed because no notice of objection to taxation had been filed, making the reference incompetent. In any event, the Client did not demonstrate any error of principle in the taxing master’s treatment of VAT, the 50% increment or costs. The certificate of costs therefore stood unaltered,...

Source-derived case information.

Citation
[2026] KEELC 4797 (KLR)
Parties
Advocate/applicant: Chaudhri & Associates; Client/respondent: The Registered Trustees of Sheikh Zayed Bin Sultan Al – Nahyan
Court
Environment and Land Court
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E202 of 2022
Procedural Posture
Advocate Client Costs Taxation Reference and Application for Judgment / Ruling on Reference and Certificate of Costs
Outcome
Client’s reference dismissed; Advocate’s application allowed; judgment entered for the Advocate
Judges
["JG Kemei"]
Legal Topics
Rule 11 Reference Procedure, Certificate of Costs Under Section 51(2) of the Advocates Act, VAT on Legal Fees, Interest on Taxed Costs, Setting Aside Taxation for Error of Principle
Source Language
en
Advocates’ Remuneration Civil Procedure Taxation of Costs Rule 11 Reference Procedure Certificate of Costs Under Section 51(2) of the Advocates Act VAT on Legal Fees Interest on Taxed Costs Setting Aside Taxation for Error of Principle

Source-derived case record

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Parties

Chaudhri & Associates

Advocate/applicant

The Registered Trustees of Sheikh Zayed Bin Sultan Al – Nahyan

Client/respondent

Procedural Posture

Advocate Client Costs Taxation Reference and Application for Judgment / Ruling on Reference and Certificate of Costs

  1. 1 Whether the Client filed a competent reference under Rule 11 of the Advocates Remuneration Order
  2. 2 Whether the Taxing Master erred in principle in taxing the challenged items, VAT, 50% increment and costs
  3. 3 Whether judgment should be entered on the Certificate of Costs under section 51(2) of the Advocates Act

Ratio Decidendi

The Client’s reference failed because no notice of objection to taxation had been filed, making the reference incompetent. In any event, the Client did not demonstrate any error of principle in the taxing master’s treatment of VAT, the 50% increment or costs. The certificate of costs therefore stood unaltered, entitling the Advocate to judgment for the certified sums with interest and costs.

Court Disposition

Client’s reference dismissed; Advocate’s application allowed; judgment entered for the Advocate

Orders

  • Chamber Summons dated 9/2/2026 dismissed with costs to the Advocates.
  • Notices of Motion dated 29/5/2026 allowed.