[2024] KEHC 6008 (KLR)
The court found that the Deputy Registrar taxed the Advocate/Client Bill of Costs ex parte without calling for or considering the principal file (Court of Appeal No 72 of 2020) in which the legal services were rendered. The Deputy Registrar also failed to specify the documents relied upon in the taxation process....
Source-derived case information.
- Citation
- [2024] KEHC 6008 (KLR)
- Parties
- Applicant: Kemboy Law Advocates; Respondent: Narok County Government
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E151 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Taxation and Certificate of Costs
- Outcome
- Taxation and Certificate of Costs set aside; matter remitted for retaxation.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Setting Aside Orders, Advocate Client Bill, Retaxation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kemboy Law Advocates
Applicant
Narok County Government
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Taxation and Certificate of Costs
Legal Issues
- 1 Whether the Deputy Registrar erred in taxing the Advocate/Client Bill of Costs ex parte without calling for the principal file.
- 2 Whether the Taxation and Certificate of Costs dated 14th November 2023 should be set aside and the matter remitted for retaxation.
Ratio Decidendi
The court found that the Deputy Registrar taxed the Advocate/Client Bill of Costs ex parte without calling for or considering the principal file (Court of Appeal No 72 of 2020) in which the legal services were rendered. The Deputy Registrar also failed to specify the documents relied upon in the taxation process. This omission amounted to a procedural irregularity and denied the parties the benefit of a fair and transparent taxation process. Consequently, the court exercised its discretion to set aside the Taxation and Certificate of Costs dated 14th November 2023 and directed that the matter be remitted to the Deputy Registrar for retaxation, but only after calling for and considering...
Court Disposition
Taxation and Certificate of Costs set aside; matter remitted for retaxation.
Orders
- The Taxation and Certificate of Costs dated 14th November 2023 are set aside.
- The file is returned to the Deputy Registrar to retax the Bill of Costs dated 31st August 2023 only after calling for the principal file Court of Appeal No 72 of 2020.
Full Case Text
Judgment text and source record
23 paragraphs
Kemboy Law Advocates v Narok County Government (Miscellaneous Civil Application E151 of 2023) [2024] KEHC 6008 (KLR) (27 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6008 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E151 of 2023
RE Aburili, J
May 27, 2024
Between
Kemboy Law Advocates
Applicant
and
Narok County Government
Respondent
(Being an application for an injunction pending the hearing and determination of Civil Appeal No. 72 of 2020 from the Judgment and Decree of the High Court of Kenya at Kisumu by the Hon. Justice F. A. Ochieng dated 15th April 2020 in High Court Constitutional Petition No. 6 of 2018)
Ruling
1. The Deputy Registrar taxed the Advocate/Client Bill of Costs dated 31st August 2023 on 14th November 2023 exparte.
2. However, there is no evidence that she called for the principal file being Court of Appeal No 72 of 2020 wherein the advocate rendered the services, and appraise herself of the said file.
3. In addition, she does not state what documents she relied on in taxing the Bill of Costs.
4. I hereby on my own motion set aside the Taxation and Certificate of Costs dated 14th November 2023 and return the file to the Deputy Registrar, directing her to retax the Bill of Costs dated 31st August 2023 only after calling for the principal file Court of Appeal No 72 of 2020 arising from HC Constitutional Petition No 7 of 2018.
5. Accordingly, the court cannot consider the application for adoption of the Certificate of Costs dated 14th November 2023 which is hereby spent by the setting aside of the Taxation and Certificate of Costs.
6. Mention before the Deputy Registrar on 13th June 2024 for further directions.
7. The Advocate to serve the Respondent with Notice.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF MAY, 2024R. E. ABURILIJUDGE