Rupande & another (Suing as the Administratices of the Estate of the Late Joseph Sironga Rupande) v Taliti Collins Advocates (Environment and Land Miscellaneous (Reference) Application E026 of 2024) [2025] KEELC 18602 (KLR) (18 December 2025) (Ruling)

Facts

The applicants filed a reference challenging the Taxing Master's decision on an advocate-client bill of costs. The reference was filed 30 days after the impugned ruling, which was outside the timelines provided under Rule 11 of the Advocates Remuneration Order.

Issues

1. Whether the application to enlarge time and deem the reference filed within the time so enlarged is tenable in law.
2. Whether there was a legal fees agreement between the advocate and the clients.
3. Whether there is an error of principle to justify the court's interference with the Taxing Master's decision.
4. What orders should issue in respect of the costs of this reference and the application to enlarge time.

Reasoning

The court found the application to enlarge time to be an abuse of the process of court due to the delay and lack of a proper basis. The reference is also incompetent as there was no objection to the items of taxation objected to.

Outcome

The reference is dismissed.

Authorities cited