https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4815

https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4815

The reference failed for want of a proper notice of objection under Paragraph 11, making it incompetent. Even on the merits, the applicant did not show an error of principle in the taxation of VAT, the 50% uplift, or costs. The certificate of costs remained valid and unaltered, so judgment was entered for the...

Source-derived case information.

Citation
[2026] KEELC 4815 (KLR)
Parties
Advocate/applicant: Chaudhri & Associates; Court/respondent: The Registered Trustees of Sheikh Zayed Bin Sultan Al-Nahyan
Court
Environment and Land Court
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E203 of 2022
Procedural Posture
Advocate Client Taxation Reference and Application for Judgment on Certificate of Costs / Ruling on Two Applications: Reference Against Taxation and Motion for Adoption of Certificate of Costs
Outcome
Reference dismissed; advocate’s motion allowed; judgment entered for the advocate
Judges
["JG Kemei"]
Legal Topics
Reference Under Paragraph 11 of the Advocates Remuneration Order, Competence of Reference, Error of Principle in Taxation, VAT on Legal Fees, 50% Uplift on Advocate Client Bill, Costs of Taxation, Section 51(2) Advocates Act, Interest on Taxed Costs
Source Language
en
Advocates Remuneration Civil Procedure Taxation of Costs Environment and Land Court Practice Reference Under Paragraph 11 of the Advocates Remuneration Order Competence of Reference Error of Principle in Taxation VAT on Legal Fees +4 more

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Parties

Chaudhri & Associates

Advocate/applicant

The Registered Trustees of Sheikh Zayed Bin Sultan Al-Nahyan

Court/respondent

Procedural Posture

Advocate Client Taxation Reference and Application for Judgment on Certificate of Costs / Ruling on Two Applications: Reference Against Taxation and Motion for Adoption of Certificate of Costs

  1. 1 Whether there was a competent reference before the court under Paragraph 11 of the Advocates Remuneration Order
  2. 2 Whether the taxing master erred in principle in taxing the impugned items
  3. 3 Whether judgment should be entered on the certificate of costs under Section 51(2) of the Advocates Act

Ratio Decidendi

The reference failed for want of a proper notice of objection under Paragraph 11, making it incompetent. Even on the merits, the applicant did not show an error of principle in the taxation of VAT, the 50% uplift, or costs. The certificate of costs remained valid and unaltered, so judgment was entered for the advocate. Interest was awarded at 14% per annum from one month after issuance of the certificate of costs, based on the court’s discretion because the bill had included an interest claim.

Court Disposition

Reference dismissed; advocate’s motion allowed; judgment entered for the advocate

Orders

  • The Chamber Summons dated 9/2/2026 was dismissed with costs to the advocate.
  • The Notice of Motion dated 29/5/2026 was allowed.