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JA Guserwa & Company Advocates v Opiayo (Miscellaneous Application E092 of 2023) [2025] KEELRC 2430 (KLR) (15 September 2025) (Ruling)

[2025] KEELRC 2430 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2430
Citation
[2025] KEELRC 2430 (KLR)
Decided
15 September 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from a taxation orderCoramBOM MANANI
Holding

The Applicant's reference was filed outside the prescribed timelines without leave of the court and is therefore time barred.

Facts

The Applicant filed an Advocate-Client Bill of Costs against the Respondent, which was subsequently taxed. The Applicant challenged the taxation order in a reference, but did not file it within the prescribed 14-day period.

Issues

  1. Whether the Applicant's reference was filed within the prescribed time frame
  2. Whether the Applicant was entitled to file the reference without leave of the court

Reasoning

The court ruled that the Applicant was required to file the reference within 14 days of receiving the reasons for the taxation order, which was 6th December 2024. The Applicant filed the reference on 27th March 2025, which was outside the prescribed timelines.

Outcome

The reference is dismissed.

Orders

  • The reference is dismissed for being filed outside the prescribed timelines without leave of the court.

Authorities cited

Legislation (1)
  • Advocates (Remuneration) Order
Cases cited (1)
  • Republic v Public Procurement Administrative Review Board & another; Sports, Arts and Social Development (Exparte) (Application E063 of 2021) [2023] KEHC 22514 (KLR) (Judicial Review)
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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