https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4812

https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4812

The client's reference failed because no notice of objection to taxation was filed within the mandatory Rule 11 procedure, making the reference incompetent. In any event, the client did not demonstrate an error of principle in the taxing master's treatment of VAT, the 50% increment, or costs of taxation. The...

Source-derived case information.

Citation
[2026] KEELC 4812 (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 Judgment on Certificate of Costs / Ruling on Reference and Advocate's Application for Judgment
Outcome
Client's reference dismissed; advocate's application allowed; judgment entered for the advocate on the certificate of costs.
Judges
["JG Kemei"]
Legal Topics
Reference From Taxation, Notice of Objection Under Rule 11, Taxation of Advocate Client Bill, VAT on Legal Fees, 50% Increment on Advocate Client Costs, Costs of Taxation, Judgment on Certificate of Costs, Interest on Costs
Source Language
en
Advocates' Remuneration Civil Procedure Land and Environment Court Practice Reference From Taxation Notice of Objection Under Rule 11 Taxation of Advocate Client Bill VAT on Legal Fees 50% Increment on Advocate Client Costs +3 more

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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 Judgment on Certificate of Costs / Ruling on Reference and Advocate's Application for Judgment

  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 and allowing VAT, 50% increment, and costs of taxation
  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 was filed within the mandatory Rule 11 procedure, making the reference incompetent. In any event, the client did not demonstrate an error of principle in the taxing master's treatment of VAT, the 50% increment, or costs of taxation. The certificate of costs remained unaltered, so judgment properly issued for the advocate under section 51(2) of the Advocates Act, with interest awarded at 14% per annum from one month after issuance of the certificate, and the advocate awarded costs.

Court Disposition

Client's reference dismissed; advocate's application allowed; judgment entered for the advocate on the certificate of costs.

Orders

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