[2017] KEHC 8494 (KLR)

[2017] KEHC 8494 (KLR)

The court found that Morara Apiemi & Nyangito Advocates were not properly on record when they filed the bill of costs and related applications. As a result, all actions taken by the firm before regularising their position, including the bill of costs dated 24th October, 2013 and the decree on costs dated 31st March, 2016, were nullities. The court relied on the principle that acts done by persons not properly before the court are void and incurably bad. The court set aside the decree on costs and struck out the bill of costs, holding that the ex parte applicant must recommence the taxation process properly. The application by the Board was allowed, and costs were awarded to the Board.

Citation
[2017] KEHC 8494 (KLR)
Parties
Applicant: Republic; Respondent: The Constituency Development Fund Board; Interested Party: Kenya Anti-Corruption Commission; Ex Parte Applicant: Thomas Mongare Moindi & 3 Others (as officials of the Millenium Forum for Unity and Development)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
1 March 2017
Case Number
Judicial Review 264 of 2010
Procedural Posture
Judicial Review Application / Ruling on Motion to Set Aside Decree and Bill of Costs
Outcome
Application allowed. Decree on costs set aside. Bill of costs struck out. Costs awarded to the Board.
Judges
GV Odunga
Legal Topics
Change of Advocates, Bill of Costs, Taxation Procedure, Nullity of Proceedings
Source Language
English
Civil Procedure Change of Advocates Bill of Costs Taxation Procedure Nullity of Proceedings

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Parties

Republic

Applicant

The Constituency Development Fund Board

Respondent

Kenya Anti-Corruption Commission

Interested Party

Thomas Mongare Moindi & 3 Others (as officials of the Millenium Forum for Unity and Development)

Ex Parte Applicant

Procedural Posture

Judicial Review Application / Ruling on Motion to Set Aside Decree and Bill of Costs

Legal Issues

  1. 1 Whether the firm of Morara Apiemi & Nyangito Advocates was properly on record when filing the bill of costs and related applications.
  2. 2 Whether the bill of costs and certificate of taxation filed by a firm not properly on record are nullities.
  3. 3 Whether the decree on costs dated 31st March, 2016 should be set aside.

Ratio Decidendi

The court found that Morara Apiemi & Nyangito Advocates were not properly on record when they filed the bill of costs and related applications. As a result, all actions taken by the firm before regularising their position, including the bill of costs dated 24th October, 2013 and the decree on costs dated 31st March, 2016, were nullities. The court relied on the principle that acts done by persons not properly before the court are void and incurably bad. The court set aside the decree on costs and struck out the bill of costs, holding that the ex parte applicant must recommence the taxation process properly. The application by the Board was allowed, and costs were awarded to the Board.

Court Disposition

Application allowed. Decree on costs set aside. Bill of costs struck out. Costs awarded to the Board.

Orders

  • The decree on costs dated 31st March, 2016 is set aside.
  • The bill of costs dated 24th October, 2013 is struck out.