[2025] KEHC 935 (KLR)
The court held that the High Court lacks jurisdiction to entertain an advocate/client bill of costs and judicial review application arising from proceedings in the Employment and Labour Relations Court. The proper forum for such matters is the Employment and Labour Relations Court itself, as expressly provided by...
Source-derived case information.
- Citation
- [2025] KEHC 935 (KLR)
- Parties
- Applicant: Oloo & Oloo Advocates LLP; Respondent: Kenya Broadcasting Corporation
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E018 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Chamber Summons for Leave to Apply for Judicial Review
- Outcome
- Application struck out for want of jurisdiction and lack of supporting material.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Taxation of Costs, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oloo & Oloo Advocates LLP
Applicant
Kenya Broadcasting Corporation
Respondent
Procedural Posture
Judicial Review Application / Ruling on Chamber Summons for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an advocate/client bill of costs and judicial review application arising from proceedings in the Employment and Labour Relations Court.
- 2 Whether the Chamber Summons for leave to apply for judicial review is competent in the absence of supporting material such as a judgment, certificate of taxation, decree, or evidence of demand.
Ratio Decidendi
The court held that the High Court lacks jurisdiction to entertain an advocate/client bill of costs and judicial review application arising from proceedings in the Employment and Labour Relations Court. The proper forum for such matters is the Employment and Labour Relations Court itself, as expressly provided by statute. Furthermore, the Chamber Summons was unsupported by any material evidence such as a judgment, certificate of taxation, decree, or evidence of demand for settlement, rendering the application incompetent. Consequently, the court, on its own motion, struck out the Chamber Summons for want of jurisdiction and lack of supporting material, declining to grant leave to apply...
Court Disposition
Application struck out for want of jurisdiction and lack of supporting material.
Orders
- The Chamber Summons dated 17/1/2025 is struck out as incompetent.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Oloo & Oloo Advocates LLP v Kenya Broadcasting Corporation (Judicial Review Application E018 of 2025) [2025] KEHC 935 (KLR) (Judicial Review) (5 February 2025) (Ruling)
Neutral citation: [2025] KEHC 935 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E018 of 2025
RE Aburili, J
February 5, 2025
Between
Oloo & Oloo Advocates LLP
Applicant
and
Kenya Broadcasting Corporation
Respondent
Ruling
1. I observe that the Advocate represented the Client/Respondent in the Employment and Labour Relations Court after which he filed his Advocate/Client bill of costs in the High Court.
2. However, there is nothing supporting the Chamber Summons. No judgment on the Certificate of Taxation, no decree or Certificate of Costs and no evidence of demand for settlement.
3. There is also no reason why the applicant did not file the Bill of Costs and the Judicial Review Chamber Summons before the Employment and Labour Relations Court, wherein legal representation took place since the Employment and Labour Relations Court is a court of competent jurisdiction to tax Advocate/Client bills of costs and to handle Judicial Review matters. This is clearly stipulated in Section 12(3) of the Employment and Labour Relations Court Act.
4. Enforcement of judgments or orders of that court is also provided for under section 13 of the Employment and Labour Relations Court Act and nowhere does the Act donate jurisdiction to this Court to enforce.
5. In other words, the Advocate ought to have filed Clients/Advocate bill of costs before Employment and Labour Relations Court and proceeded to file Judicial Review application before that court.
6. Therefore, on the court’s own motion, I find the Chamber Summons dated 17/1/2025 which is not supported by any material to be incompetent. I decline to grant leave to apply and strike it out with no orders as to costs.
7. This file is closed. The order to apply to Judicial Review E019/2025.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 5THDAY OF FEBRUARY, 2025R.E. ABURILIJUDGE