Muthoga Gaturu and Company Advocates v Wanyiri Kihoro [2021] KEHC 4841 (KLR)
- Court
- High Court of Kenya
- Case number
- 4841
- Citation
- [2021] KEHC 4841 (KLR)
- Decided
- 22 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for Interference with Taxing Officer's Decision
Holding
The court held that the taxing officer did not have jurisdiction to tax the bill of costs.
Facts
The applicant, Muthoga Gaturu & Company Advocates, filed a bill of costs against the respondent, Wanyiri Kihoro, in a judicial review case. The respondent contested the taxing officer's decision to tax the bill of costs.
Issues
- Whether the taxing officer had jurisdiction to tax the bill dated 4/7/2014.
- Whether the respondent's counsel had instructions to file the said bill of costs.
- Who meets the cost of this application.
Reasoning
The court ruled that the bill of costs was an advocate advocate bill of costs, which is not recognized under the Advocates Act and the Advocates Remuneration Order. The court also found that the taxing officer did not have jurisdiction to tax the bill.
Outcome
The court dismissed the application.
Orders
- The application is dismissed.
Authorities cited
Legislation (2)
- Advocates Act
- Advocates Remuneration Order
Cases cited (3)
- Taparn vs Roitei
- Premchand Raichand & Another vs Quarry Services of East Africa Ltd & Another
- KANU National Elections Board & 2 Others vs Hon Salah Yakub Farah
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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