ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
117. Reference on taxation
Edition: 2022-12-31 · In force
117. Reference on taxation
(1)A person who is dissatisfied with a decision of the Registrar in his or her capacity as taxing officer may require any matter of law or principle to be referred to a judge for the judge’s decision and the judge shall determine the matter as the justice of the case may require.(2)For the purpose of sub rule (1), any decision extending or refusing to extend time for the lodging of a bill of costs or any exercise by the Registrar of the over-riding discretion given the Registrar by paragraph 12 of the Third Schedule shall be deemed to involve a matter of principle.(3)A person who contends that a bill of costs as taxed is, in all the circumstances, manifestly excessive or manifestly inadequate, may require the bill to be referred to a judge and the judge shall have power to make such deduction or addition as will render the bill reasonable and except as provided in this subrule, there shall be no reference on a question of quantum only.(4)An application for a reference may be made to the Registrar informally at the time of taxation or in writing within seven days thereafter.(5)A reference to a judge may be adjourned for the consideration of the Court.(6)Any person dissatisfied by the decision of a judge given under subrule (1) or subrule (3) may apply to the Court to vary, discharge or reverse the same and such application, may be made either informally to the judge at the time of the decision or by writing to the Registrar within seven days after the time.(7)The President may issue practice directions as to the manner in which appeals and references shall be made under this section and the court fees, if any, that shall be paid.