[2016] KEHC 3394 (KLR)
The court found that although an advocate may proceed to file a reference even if reasons for taxation have not been provided, in the circumstances of this case, it was appropriate to direct the matter back to the taxing officer to provide reasons. The respondent is then granted fourteen days to file a reference...
Source-derived case information.
- Citation
- [2016] KEHC 3394 (KLR)
- Parties
- Applicant: Otieno Ragot & Co. Advocates; Respondent: Kenindia Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 277 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- conditional order; application allowed if no reference filed and prosecuted within 45 days
- Judges
- EM Muchoki
- Legal Topics
- Taxation of Costs, Certificate of Costs, Reference to Taxing Officer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Otieno Ragot & Co. Advocates
Applicant
Kenindia Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the certified costs in the absence of a filed and prosecuted reference by the respondent.
- 2 Whether the matter should be referred back to the taxing officer for reasons before a reference can be filed.
Ratio Decidendi
The court found that although an advocate may proceed to file a reference even if reasons for taxation have not been provided, in the circumstances of this case, it was appropriate to direct the matter back to the taxing officer to provide reasons. The respondent is then granted fourteen days to file a reference upon receipt of the reasons. If no reference is filed and prosecuted within forty-five days, the applicant's notice of motion for judgment on the certified costs shall stand allowed. This approach ensures procedural fairness and compliance with the requirements for challenging a taxation decision.
Court Disposition
conditional order; application allowed if no reference filed and prosecuted within 45 days
Orders
- The matter is referred to the taxing officer to provide reasons for the taxation forthwith.
- The respondent shall have fourteen days from receipt of reasons to file a reference.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
MISC. CAUSE No. 277 OF 2015
OTIENO RAGOT & CO. ADVOCATES................................APPLICANT
-VS-
KENINDIA ASSURANCE COMPANY LIMIITED.............RESPONDENT
RULING
By the notice of motion dated 2nd February, 2016 the Advocate/Applicant is seeking judgment for a sum of Kshs. 198,866/= as certified by the Taxing Officer in the certificate of costs dated 14th January, 2016 and interest at 14% per annum from 14th January, 2016, He also prays for the costs of this application.
This application is opposed on the ground that the client /Respondent being dissatisfied with the decision of the taxing officer has filed a reference. However, at the hearing which only counsel for the Advocate/Applicant attended, it was argued that as no reference had been filed that is not sufficient ground to oppose the application and the court was referred to the decision of Mabeya J in Kithi & Co. Advocates -v- Menengai Downs Limited [2015] eKLR.Whereas I agree with my brother Mabeya J and also with Havelock J, as he then was inNjonjo Okello & Associates -v- Ketain Lalit Chindra Doshi & Another (20I2) eKLR,that nothing precludes an Advocate who has requested for reasons for the taxation but has not received any from proceeding to file a reference it is my finding that the circumstances of this case warrants that the matter be placed before the taxing officer to give her reasons, she should do so forthwith. The client/Respondent shall then have fourteen days to file a reference. For the avoidance of doubt if no reference is filed and prosecuted within forty five (45) days of this order then the notice of motion dated 2/2/2016 shall stand allowed. The file be taken to the Taxing officer forthwith for compliance. It is so ordered.
Dated, signed and delivered in Kisumu this 30th day of August 2016
E. N. MAINA
JUDGE
In presence of:-
Mrs Onyango for Advocate/Applicant
Mr. Odhiambo for Aron for Client/Respondent
cc Felix