Association of Local Government Workers Union v Kenya County Government Workers Union; Kenya County Government Workers Union (Formerly Kenya Local Government Workers Union) (Client); Mbuvi t/a Katunga Mbuvi & Co Advocates (Advocate) (Miscellaneous Application E244 of 2021) [2024] KEELRC 828 (KLR) (4 April 2024) (Ruling)

Summary at a glance

Facts

The Client (Association of Local Government Workers Union) and the Respondent (Kenya County Government Workers Union) are parties to a collective agreement. The Advocate (Leonard K Mbuvi) was involved in legal services related to this agreement. The Client accused the Taxing Officer of not considering advance payments to the Advocate, leading to unjust enrichment.

Issues

• Whether the Taxing Officer's decision should be interfered with due to failure to consider advance payments
• Whether the Advocate's reference should be allowed or disallowed

Reasoning

The Court finds valid grounds to interfere with the Taxing Officer's decision due to the failure to consider advance payments, leading to unjust enrichment. The Advocate's change of position is considered abuse of process.

Outcome

The Client's reference is allowed, and the Advocate's reference is disallowed.

Orders

• The Client's reference is allowed.
• The Advocate's reference is disallowed.
• The Bill of Costs is remitted for re-taxation by another Taxing Officer.

Remedies

• Remission of the Bill of Costs for re-taxation by another Taxing Officer.

Authorities cited