Kenya Airports Authority v Otieno, Ragot & Company Advocates (Civil Application E001 of 2021) [2023] KECA 303 (KLR) (17 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 303
- Citation
- [2023] KECA 303 (KLR)
- Decided
- 17 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for certification and leave to appeal to the Supreme Court
Holding
The court granted leave to appeal to the Supreme Court, certifying that the intended appeal raises questions of general public importance.
Facts
The applicant, Kenya Airports Authority, sought orders for the respondent, Otieno, Ragot & Company Advocates, to be taxed in the sum of Kshs.196,044,750.50 for instruction fees. The respondent contested the application, arguing that the issue was not constitutional and that the dispute was strictly between the parties.
Issues
- Proper interpretation of Schedule VI Part A and B of the Advocates Remuneration Order, 2014
- Judicial interpretation of the term 'subject value'
- Binding nature of a certificate of taxation in Advocate-Client bills of costs
- Punitive nature of the costs awarded
Reasoning
The court found that the intended appeal raises substantial questions of law impacting the public's right to legal representation and access to justice, as enshrined in Article 48 of the Constitution.
Outcome
Leave to appeal granted to the Supreme Court
Orders
- Order for stay of execution of the judgment and decree issued by the Court of Appeal
- Certification that the intended appeal raises questions of general public importance
- Grant of leave to appeal to the Supreme Court
- Issue of any other order as deemed just and appropriate
Authorities cited
Legislation (1)
- Advocates Remuneration Order, 2014
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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