Republic v Council of Governors Ex parte Nyakundi & Co Advocates [2021] KEHC 3111 (KLR)
- Court
- High Court of Kenya
- Case number
- 3111
- Citation
- [2021] KEHC 3111 (KLR)
- Decided
- 23 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for judgment against Council of Governors for taxed costsCoramP. NYAMWEYA, J. NGAAH
Holding
Judgment is entered for the Advocate/Applicant for taxed costs of Kshs. 6,690,912.48, with interest and costs.
Facts
Advocate/Applicant filed an application for judgment for Kshs 6,690,902.48 in favor of the Council of Governors for taxed costs. The Council of Governors filed a preliminary objection contesting the taxing master's jurisdiction due to a fee agreement.
Issues
- Jurisdiction of the taxing master
- Validity of fee agreement
Reasoning
The court determined that the preliminary objection was not valid as it required factual proof and was not a matter of judicial discretion. The advocate/client relationship was established, and the taxed costs were deemed final.
Outcome
Judgment in favor of the Advocate/Applicant
Orders
- Judgment for Kshs. 6,690,912.48 in favor of the Advocate/Applicant
- Costs of Kshs. 20,000 for the Notice of Motion
Remedies
- Judgment for taxed costs
- Costs of the Notice of Motion
Authorities cited
Legislation (1)
- Advocates Act
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd vs West End Distributors Ltd (1969) EA 696
- Oraro vs Mbaja (2005) 1 KLR 141
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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