Oloo & Oloo Advocates LLP v Kenya Broadcasting Corporation [2025] KEHC 935 (KLR)

Oloo & Oloo Advocates LLP v Kenya Broadcasting Corporation (Judicial Review Application E018 of 2025) [2025] KEHC 935 (KLR) (Judicial Review) (5 February 2025) (Ruling)

Neutral citation: [2025] KEHC 935 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E018 of 2025

RE Aburili, J

February 5, 2025

Between

Oloo & Oloo Advocates LLP

Applicant

and

Kenya Broadcasting Corporation

Respondent

Ruling

1. I observe that the Advocate represented the Client/Respondent in the Employment and Labour Relations Court after which he filed his Advocate/Client bill of costs in the High Court.

2. However, there is nothing supporting the Chamber Summons. No judgment on the Certificate of Taxation, no decree or Certificate of Costs and no evidence of demand for settlement.

3. There is also no reason why the applicant did not file the Bill of Costs and the Judicial Review Chamber Summons before the Employment and Labour Relations Court, wherein legal representation took place since the Employment and Labour Relations Court is a court of competent jurisdiction to tax Advocate/Client bills of costs and to handle Judicial Review matters. This is clearly stipulated in Section 12(3) of the Employment and Labour Relations Court Act.

4. Enforcement of judgments or orders of that court is also provided for under section 13 of the Employment and Labour Relations Court Act and nowhere does the Act donate jurisdiction to this Court to enforce.

5. In other words, the Advocate ought to have filed Clients/Advocate bill of costs before Employment and Labour Relations Court and proceeded to file Judicial Review application before that court.

6. Therefore, on the court’s own motion, I find the Chamber Summons dated 17/1/2025 which is not supported by any material to be incompetent. I decline to grant leave to apply and strike it out with no orders as to costs.

7. This file is closed. The order to apply to Judicial Review E019/2025.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 5THDAY OF FEBRUARY, 2025R.E. ABURILIJUDGE