[2020] KEHC 734 (KLR)
The court found that the parties had freely entered into a consent settling the Advocate-Client Bill of Costs at Kshs. 3,600,000, and both parties confirmed the terms in open court. There was no objection to the adoption of the consent, and the court was satisfied that the settlement was proper and in accordance...
Source-derived case information.
- Citation
- [2020] KEHC 734 (KLR)
- Parties
- Respondent: Rachier & Amollo Advocates; Applicant: Kenya Power & Lighting Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 32 of 2019
- Procedural Posture
- Judicial Review Miscellaneous Application / Consent Adoption and Final Settlement
- Outcome
- Matter marked as fully settled by consent; case closed.
- Judges
- P Nyamweya
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachier & Amollo Advocates
Respondent
Kenya Power & Lighting Company Limited
Applicant
Procedural Posture
Judicial Review Miscellaneous Application / Consent Adoption and Final Settlement
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as an order of the court.
- 2 Whether the Advocate-Client Bill of Costs should be taxed at the agreed sum.
Ratio Decidendi
The court found that the parties had freely entered into a consent settling the Advocate-Client Bill of Costs at Kshs. 3,600,000, and both parties confirmed the terms in open court. There was no objection to the adoption of the consent, and the court was satisfied that the settlement was proper and in accordance with the law. Accordingly, the consent was adopted as an order of the court, the Chamber Summons was marked as fully settled, and the case was closed.
Court Disposition
Matter marked as fully settled by consent; case closed.
Orders
- The Advocate-Client Bill of Costs is taxed at Kshs. 3,600,000 all inclusive.
- The entire amount of Kshs. 3,600,000 to be paid to Rachier & Amollo Advocates LLP on or before 4th November 2020.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW MISCELLANOUS APPLICATION NO. 32 OF 2019
BETWEEN
RACHIER & AMOLLO ADVOCATES..ADVOCATE/RESPONDENT
VERSUS
KENYA POWER & LIGHTING COMPANY.....CLIENT/ADVOCATE
RULING
1. Kenya Power and Lighting Company limited (hereinafter “the Client), filed a reference herein by way of a Chamber Summons dated 10th January 2020, emanating from the taxation of an Advocates/Client Bill of Costs dated 22nd August 2019 filed by its Advocates, Rachier & Amollo Advocates. The said reference has been pending hearing.
2. The said parties have now filed a duly signed consent dated 21st October 2020, on the following terms:
a. THATthe Advocate Client Bill of Costs filed herein by the Rachier & Amollo Advocates be and hereby taxed at Kshs. 3,600,000/ = all inclusive.
b. THATthe entire amount of Kshs. 3,600,000 be paid to Messrs Rachier & Amollo Advocates LLP on or before 4th November 2020 subject to the adoption of the consent by the Honourable Court.
c. THAT the instant matter be marked as fully settled with no order as to costs.
3. A virtual hearing was held on 30th October 2020 to adopt the said consent, and the parties herein were represented by Mr. Munyua Ezekiel for the Advocates, and Mr. Wilberforce Okello for the Client. The said parties confirmed the terms of the consent and asked that it be adopted as an order of the Court.
4. The signed consent dated 21st October 2020 and filed on 23rd October 2020 is accordingly adopted as an order of this Court, and the Chamber Summons dated 10th January 2020 is marked as fully settled. This case is accordingly closed.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE