https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4834

https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4834

The client’s reference failed at the threshold because no notice of objection to taxation was filed within the mandatory Rule 11 framework, rendering the reference incompetent. Independently, the client did not demonstrate any error of principle in the taxing master’s treatment of VAT, the 50% increment, or costs....

Source-derived case information.

Citation
[2026] KEELC 4834 (KLR)
Parties
Advocate: 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 E204 of 2022
Procedural Posture
Advocate Client Bill of Costs Taxation Reference and Judgment on Certificate of Costs / Ruling on Client’s Reference and Advocate’s Application for Judgment
Outcome
Client’s reference dismissed; advocate’s application allowed
Judges
["JG Kemei"]
Legal Topics
Rule 11 Reference Competence, Notice of Objection to Taxation, Error of Principle in Taxation, VAT on Advocate Client Bill, 50% Advocate Client Increment, Costs of Taxation, Judgment on Certificate of Costs Under Section 51(2), Interest on Advocate’s Costs
Source Language
en
Advocates' Fees Civil Procedure Taxation of Costs Environment and Land Court Rule 11 Reference Competence Notice of Objection to Taxation Error of Principle in Taxation VAT on Advocate Client Bill +4 more

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Parties

Chaudhri & Associates

Advocate

The Registered Trustees of Sheikh Zayed Bin Sultan Al-Nahyan

Client/respondent

Procedural Posture

Advocate Client Bill of Costs Taxation Reference and Judgment on Certificate of Costs / Ruling on Client’s 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 impugned items and awarding VAT, a 50% increment and costs
  3. 3 Whether judgment should be entered for the advocate under section 51(2) of the Advocates Act

Ratio Decidendi

The client’s reference failed at the threshold because no notice of objection to taxation was filed within the mandatory Rule 11 framework, rendering the reference incompetent. Independently, the client did not demonstrate any error of principle in the taxing master’s treatment of VAT, the 50% increment, or costs. The advocate’s certificate of costs remained unaltered, so judgment was properly entered for the certified sum with interest and costs.

Court Disposition

Client’s reference dismissed; advocate’s application allowed

Orders

  • The Chamber Summons dated 9/2/2026 was dismissed with costs to the advocates in the consolidated matters.
  • Judgment was entered for the advocates against the client in ELC Misc. E204 of 2022 for Kshs. 22,452,846.32 with interest at 14% per annum from 24/3/2026 until payment in full.