JOE MWANTHI & CO. ADVOCATES V. DAVID KIHONO WAWERU

JUDGMENT OF THE COURT

[1] The dispute in this appeal is over an advocate/client bill of costs that was taxed in favour of Joe Mwanthi and Co. Advocates (appellant) at a sum of Kshs.73,235 (taxed costs) as against David Kihono Waweru (respondent) on the 1st July, 2015. Aggrieved by the said order of taxation, the respondent filed a reference, by way of a chamber summons dated 3rd December, 2015 which was brought under various provisions of the Civil Procedure Act and Rules but it was principally under Rule 11 of the Advocates Remuneration Order.

[2] Later, on the 18th February, 2016 the respondent filed a notice of motion dated 16th February, 2016 seeking stay of proceedings before the Chief Magistrate’s court. The latter application seems to have been allowed on 4th March, 2016 in an extempore ruling where the learned Judge (Mbogholi J.,) posited as follows;

“The respondent’s counsel has notice of today’s hearing. The return of service confirming this. I am told the lower court proceedin…