Odero t/a Benard Odero and Company Advocates v Kenya County Government Workers Union (Miscellaneous Application E011 of 2023) [2025] KEELRC 3428 (KLR) (2 December 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3428
- Citation
- [2025] KEELRC 3428 (KLR)
- Decided
- 2 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for extension of time and challenge to taxing officer's decisionCoramJK GAKERI, Ojwang
Holding
The court grants the application for extension of time and sets aside the taxing officer's decision on the bill of costs.
Facts
The applicant, Odero t/a Benard Odero and Company Advocates, seeks an extension of time to object to the bill of costs taxed by the taxing officer, and challenges the taxing officer's decision on the grounds of lack of service and lack of jurisdiction.
Issues
- Whether the applicant has made a case for extension or enlargement of time under Rule 11(1) and (2) of the Advocates Remuneration Order.
- Whether the taxing officer had jurisdiction to tax the bill of costs dated 13th March 2023.
- Whether the taxing officer committed errors of principle.
Reasoning
The court finds that the applicant's case for extension of time is valid due to the lack of service by the respondent, and the taxing officer lacked jurisdiction to tax the bill of costs.
Outcome
Application granted
Orders
- Enlargement of time to file and serve notice of objection to taxation
- Set aside the taxing officer's decision on the bill of costs
- Declare that the taxing officer did not have requisite jurisdiction to tax the bill of costs
- Stay any execution processes against the applicant
- Dismiss the reference with costs
Remedies
- Extension of time to file and serve notice of objection
- Set aside taxing officer's decision
- Stay execution processes
- Dismiss reference with costs
Authorities cited
Legislation (4)
- Advocates Remuneration Order
- Civil Procedure Act
- Employment and Labour Relations Court (Procedure) Rules 2024
- Employment and Labour Relations Court Act
Cases cited (5)
- Omulele & Tollo Advocates V Mount Holdings Ltd
- Republic V Competition Authority of Kenya Ex Parte Ukwala Supermarkets Ltd and another
- Kipkorir, Titoo & Kiara Advocates V Deposit Protection Fund Board
- Republic V Minister for Agriculture & 2 others Ex Parte Samuel Muchiri W’njuguna
- Party of Independent Candidate of Kenya & another V Mutual Kilonzo & 2 others
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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