The Advocates (Remuneration) Order

AI-assisted research summary: This Order may be cited as the Advocates (Remuneration) Order.

AI-assisted research summary: The taxing officer for taxation of bills is the Registrar or a district or deputy registrar of the High Court, or another qualified officer appointed in writing by the Chief Justice; for bills under Schedule 4 the taxing officer is the registrar of trade marks or a deputy or assistant registrar of trade marks.

AI-assisted research summary: Provides procedures for objecting to a taxing officer's decision, time limits for notices and applications, a process to apply to a judge and (with leave) to appeal to the Court of Appeal, and power for the High Court to enlarge time on application with notice.

AI-assisted research summary: With the consent of both parties, the taxing officer may refer a disputed taxation matter arising from a bill to the High Court for its opinion.

AI-assisted research summary: The taxing officer may tax costs between advocate and client on application by either party; if a client applies for taxation of a summarized or block bill the taxing officer must give the advocate an opportunity to submit an itemized bill; both parties are entitled to notice, to attend and be heard; advocates are not entitled to an instruction fee in respect of that taxation.

AI-assisted research summary: The taxing officer has authority to summon and examine witnesses, administer oaths, require production of documents, and take other proceedings necessary to determine matters in dispute.

AI-assisted research summary: After due notice, any advocate must appear for taxation; failing without a reasonable excuse, delaying or impeding taxation, or causing unnecessary expense can lead to forfeiture of fees and personal liability for expenses, and the taxing officer may proceed ex parte.

AI-assisted research summary: The form and procedure for filing and disposal of a bill of costs under Part III apply, as far as practicable, to bills of costs under Part II that require taxation.

AI-assisted research summary: The taxing officer may allow costs, charges and expenses on taxation when they appear necessary or proper for justice or defending a party, but must not allow costs that seem to have been incurred through overcaution, negligence, mistake, special charges to witnesses, or other unusual expenses except against the party who incurred them.

AI-assisted research summary: A folio is defined as 100 words; any part of a folio is charged as one folio; specified numerical expressions are counted as particular numbers of words (examples given).

AI-assisted research summary: This Order applies to the remuneration of an advocate of the High Court by his client, the taxation of that remuneration and the taxation of costs between party and party in contentious matters in the High Court, subordinate courts (other than Muslim courts), a Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301) and a Tribunal under the Rent Restriction Act (Cap. 296).

AI-assisted research summary: Advocates are prohibited from agreeing to or accepting remuneration lower than the amounts set by this Order.

AI-assisted research summary: Advocates are entitled to additional remuneration when they provide exceptional dispatch or attend to a client outside normal business hours.

AI-assisted research summary: An advocate is entitled to receive a special fee, beyond the Order's remuneration, for business of exceptional importance or unusual complexity.

AI-assisted research summary: Advocates may accept, and clients may give, security for amounts due for advocates' remuneration and disbursements; the client must dispute or apply for taxation within one calendar month of delivery of the bill to avoid the amount being deemed agreed.

AI-assisted research summary: An advocate may charge interest at 14% per annum on disbursements and costs, starting one month after delivery of the bill, if the claim is raised before the bill is paid or tendered in full.

AI-assisted research summary: When an executor, administrator or trustee pays costs to his advocate for work done in that capacity, they must compute those costs so they fully indemnify against all properly incurred expenses.

AI-assisted research summary: Where a bill of costs is payable by an infant, lunatic, or out of a fund not presently available, demand for payment may be made on the parent, guardian, trustee or other person liable.

AI-assisted research summary: Remuneration for advocates in specified non-contentious matters must follow the amounts prescribed in Schedule 1.

AI-assisted research summary: The remuneration prescribed by this Order does not include stamps, auctioneer’s or valuer’s charges, agent’s fees, travelling expenses, fees paid on searches in public offices or on registration, costs of extracts from any register, record or roll, cost of photocopies and other disbursements reasonably and properly incurred, but includes stationery, copies of letters and charges and allowances for time of the advocate and his clerks.

AI-assisted research summary: Lists what is included (subsection (1)(a)–(h)) and excluded (subsection (2)(a)–(h)) from scale charges.

AI-assisted research summary: Scale fees: how calculated — phrase refers to the value fixed for the purpose of stamp duty.

AI-assisted research summary: An advocate may notify a client that remuneration will follow Schedule 5 (if elected) before or when giving the bill; if no election is made, remuneration follows the other Schedule; an advocate who elects may not charge less than the appropriate scale fee.

AI-assisted research summary: If an advocate's single transaction includes items that fall into more than one Schedule category, each item must be charged separately under the Schedule that applies; parts not covered by Schedules 1–4 are charged under Schedule 5.

AI-assisted research summary: An advocate may complete a transaction in any way they choose, but unless there is agreement otherwise they must charge the fee for the method that attracts the lowest fee.

AI-assisted research summary: All conveyancing documents must be prepared by the advocates for the relevant parties, with specific advocates assigned for different document types.

AI-assisted research summary: Unless otherwise agreed, the place of completion of conveyancing transactions is the office of the advocate for the vendor, mortgagee, chargee or lessor.

AI-assisted research summary: Rules 27–41 govern the application of Schedule 1 and are to be applied in sequence; the phrase "the scales" (or similar words) is to be read as meaning the charges prescribed by the First, Second and Third Scales as modified by any preceding rule.

AI-assisted research summary: The rule applies to cases where an advocate of a vendor or purchaser arranges a private contract sale or purchase (including price and terms) and the client does not pay a commission to an auctioneer, estate or other agent.

AI-assisted research summary: Remuneration for preparing and completing conveyance on a sale by auction is charged on each lot, except when multiple lots under the same title are purchased by the same buyer and only one conveyance and one abstract of title are delivered — then remuneration is chargeable on the aggregate prices of those lots.

AI-assisted research summary: If an advocate represents both seller and buyer, the advocate may charge each client the usual advocate’s charges, but those charges must be reduced by one-sixth in each case.

AI-assisted research summary: Commission for negotiating a loan is payable to the mortgagors advocate when he arranges and obtains the loan on instructions from the mortgagor, payable to the mortgagees advocate when he arranges the loan on instructions from the mortgagee, and where one advocate arranges between two clients only one commission may be charged (split half-and-half).

AI-assisted research summary: Borrowers are entitled to certain mortgage-related costs; mortgagees must pay commissions to their advocate for negotiating the loan.

AI-assisted research summary: If an advocate acting for a building society mortgagee uses a printed or stereotyped form of engrossment for a mortgage or discharge, the fee payable to the mortgagee’s advocate under Schedule 1 is reduced by one-third (but not reduced by more than one-half of the scale fee); 'building society' is defined broadly to include associations, corporations or companies in relation to domestic residential property advances or lending.

AI-assisted research summary: If an advocate represents both mortgagor and mortgagee, the advocate must charge the mortgagee’s advocate’s charges plus half of the charges that would be allowed to the mortgagor’s advocate.

AI-assisted research summary: If a conveyance and a mortgage of the same property are completed at the same time and prepared by the same advocate, the advocate must charge only one-half of the scale fees for preparing and approving the mortgage deed, in addition to his charges for the conveyance and any commission for negotiating.

AI-assisted research summary: When a conveyance and mortgage of the same property are completed together, the advocates for vendor and purchaser must charge the scale fee on the conveyance (and commissions for negotiating), and must charge one-half of the scale fee for preparing and approving the mortgage.

AI-assisted research summary: When the same advocate prepares a conveyance and a mortgage of the same property at the same time and the mortgagee is the vendor, the advocate may only charge one-third of the scale fee for preparing and approving the mortgage deed in addition to their conveyance charge and negotiating commission (if any).

AI-assisted research summary: When property is sold subject to legal mortgages or charges, the amount of those incumbrances is treated as part of the purchase money for calculating conveyance charges, except if the mortgagee is the purchaser, in which case the conveyance charge is calculated on the price of the equity of redemption.

AI-assisted research summary: An advocate who is granted a mortgage of immovable property may charge for investigating title and preparing the mortgage, and those charges are recoverable from the mortgagor.

AI-assisted research summary: An advocate to whom a mortgage is transferred may charge professional fees (except negotiating commission) for work relating to that mortgage and may recover those fees from the person on whose behalf the work was done or charge them against the security.

AI-assisted research summary: The scale fee for mortgages applies to transfers of mortgages when the title is investigated, but it does not apply to transfers where the same advocate previously investigated the title (on the original mortgage or any previous transfer). The scale fee also does not apply to further charges if the title was investigated by the same advocate or firm within the preceding twelve months. Remuneration for such transfers and further charges is regulated by Schedule 5, while any commission for negotiating the loan is chargeable under Schedule 1.

AI-assisted research summary: An advocate who approves a draft for several distinct but non-conflicting parties may charge the scale fee for the principal party and Sh. 250 for each additional party; the total charges are to be divided equally by the parties or apportioned according to their interests.

AI-assisted research summary: Rules 43 to 48 govern how Schedule 2 is to be applied.

AI-assisted research summary: Parties to a lease are not obliged to pay another party’s advocate’s costs related to preparing, executing or registering the lease unless they agree in writing; the lessee must pay the costs of stamping and registering the lease.

AI-assisted research summary: If an advocate acting on behalf of a lessor uses a printed or stereotyped form of engrossment when granting two or more leases in common form, the fee payable to that advocate for each such lease under Schedule 2 is reduced by one-third.

AI-assisted research summary: An advocate who represents both the lessor and the lessee is entitled to charge the lessor’s advocate’s charges and one-half of the lessee’s advocate’s charges.

AI-assisted research summary: If a mortgagor or mortgagee joins a conveyance or lease, the vendor’s or lessor’s advocate may charge an additional fee of Sh. 120 to obtain that party’s concurrence.

AI-assisted research summary: If a party other than the vendor or lessor joins a conveyance or lease and is separately represented, the separate advocate's charges must be calculated under Schedule 5.

AI-assisted research summary: If a conveyance or lease is paid partly as a money payment (premium) and partly as rent, then in addition to the remuneration based on the rent under Schedule 2, a further sum must be paid equal to the remuneration under Schedule 1 calculated on a purchase price equal to the money payment or premium.

AI-assisted research summary: This Part applies to contentious matters and to taxation of costs between advocate and client and between party and party; and defines "the Court".

AI-assisted research summary: If not agreed or ordered, costs in criminal cases shall be taxed as between advocate and client under Schedule 5.

AI-assisted research summary: A bill of costs in proceedings in the High Court must be taxable in accordance with Schedule 6, and where Schedule 6 sets a higher and a lower scale the lower scale applies unless the court orders otherwise under paragraph 50A.

AI-assisted research summary: The court may order that costs be taxed on the higher scale in Schedule 6 on special grounds; the higher scale may be allowed generally or for particular applications or business.

AI-assisted research summary: The scale of costs for proceedings in subordinate courts (except Kadhi’s Courts) is the scale set out in Schedule 7, subject to paragraph 22.

AI-assisted research summary: The scale of costs for proceedings in a Tribunal appointed under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act is the scale set out in Schedule 8, subject to paragraph 22.

AI-assisted research summary: Subject to paragraph 22, the scale of costs for proceedings in a Tribunal establishment under the Rent Restriction Act (Cap. 296) is the scale set out in Schedule 9.

AI-assisted research summary: Subject to paragraph 22, the scale of costs for probate and administration proceedings is the scale set out in Schedule 10.

AI-assisted research summary: Remuneration for proceedings before Tribunals (except those under schedules 8 and 9, or where otherwise prescribed under the Act setting up the Tribunal) is the remuneration set out in Schedule 11.

AI-assisted research summary: Costs awarded by the Court shall be taxed and paid between the parties unless the Court orders otherwise.

AI-assisted research summary: If the plaintiff did not notify the defendant of the intention to sue, and the defendant pays the claimed amount at or before the first hearing, advocate’s costs are not allowed except by a special order of the judge or magistrate.

AI-assisted research summary: If there is no express direction, the costs of an opposed motion or other opposed application (not an action) will follow the event and will be taxed between party and party.

AI-assisted research summary: The Court may order that costs be paid from the estate of a minor, lunatic, insolvent or deceased person and may give directions to secure payment.

AI-assisted research summary: The Court may fix a sum in lieu of taxed costs and must record parties' agreed costs in the final order at their request, unless it records reasons that the agreed amount is exorbitant or unreasonable.

AI-assisted research summary: The registrar must record parties' agreed costs after disposal of proceedings, upon payment of the usual court fee, unless he considers the amount exorbitant; parties may request this by joint letter, and the taxing officer may order taxation if the amount is considered exorbitant.

AI-assisted research summary: High Court costs may be limited to the scale applicable in subordinate courts unless the judge orders otherwise.

AI-assisted research summary: The judge may certify and allow costs for more than one advocate when the judge considers more than one advocate reasonable and proper, taking account of specified factors for plaintiffs and defendants.

AI-assisted research summary: A judge may certify that the employment of Queen’s Counsel (and Junior Counsel) was reasonable and proper so that additional costs in Schedule 6 are allowed when an order for costs is made for a party whose case was conducted or led by Her Majesty’s Counsel, having regard to the amounts, relief or the nature, importance or difficulty of the case.

AI-assisted research summary: The Court or a judge may require an advocate to show cause why improperly incurred costs should not be disallowed and may order repayment or refer the matter to a taxing officer.

AI-assisted research summary: When the same advocate acts for two or more plaintiffs or defendants and separate pleadings or proceedings occur, the taxing officer must consider whether those separate actions were necessary or proper when taxing the advocate’s bill of costs.

AI-assisted research summary: If there has been a change of advocates, the advocate finally on the record must draw a single bill for the whole matter; the taxing officer must, when taxing the bill, take into account that the bill should not exceed what would have been charged by a single advocate and that indemnity is only for costs actually paid.

AI-assisted research summary: When joint executors or trustees defend separately, the taxing officer must allow only one set of costs for them, unless the Court or a judge orders otherwise; those costs are to be apportioned among them as the taxing officer deems fit.

AI-assisted research summary: A party who appears in proceedings in which they are not interested is not allowed costs for that appearance unless the Court or judge orders otherwise.

AI-assisted research summary: After 14 days from an order for immediate payment of taxed costs, a party liable to pay may give at least one calendar month's notice to the party entitled to tax the bill; that notice must be filed and delivered. If the bill is not filed within the notice period the taxing officer, on written application by a person liable for the costs, may notify that the bill will not be taxed unless the taxing officer or the court extends the filing time. The Civil Procedure Rules Order 50, rule 3 exclusion applies.

AI-assisted research summary: Costs may be taxed on an arbitration award even if the time for setting aside the award has not passed.

AI-assisted research summary: In insolvency matters the registrar must give the receiver the usual notice of appointment to tax any bill of costs, and the advocate or party lodging the bill must, on application and on payment of the proper fee, furnish the receiver with a copy.

AI-assisted research summary: An advocate acting for an insolvent petitioner must credit any deposit received from the debtor in his bill of costs; the taxing officer must deduct that deposit when calculating the taxed amount for the certificate of taxation.

AI-assisted research summary: The Registrar of the High Court may sign a certificate of costs on written application without taxation when entering final judgment; an advocate may apply for such a certificate; if the Registrar refuses he must certify the refusal on request and the applicant may object within fourteen days, whereupon paragraph 11 applies.

AI-assisted research summary: If rule 68A could apply but no increase on the scale fee is obtained on a bill of costs lodged for taxation under rule 70, then no further costs shall be allowed beyond what would have been allowed under rule 68A.

AI-assisted research summary: Specifies the layout of columns for bills for taxation (dates; serially numbered items; particulars of services; professional charges; taxing officer’s deductions), requires disbursements shown separately at the foot of the bill, and requires fees for attending taxation to appear at the end with the amount left blank for the taxing officer.

AI-assisted research summary: Every bill of costs for taxation must be lodged with the registrar and endorsed with the name and address of the lodging advocate and of any advocate or person entitled to receive notice, and must be accompanied by one true copy for each endorsed name.

AI-assisted research summary: After a bill of costs has been lodged for taxation, the party who submitted it must not add to or alter it, except with the parties' consent or by the Court's or taxing officer's permission or direction.

AI-assisted research summary: The registrar must, once a bill of costs for taxation is lodged and the prescribed fee paid, give notice of the date and time fixed for taxation (not less than five days after issue unless the registrar allows a shorter time) and send a copy with the bill to each advocate and other person named as entitled; if a named person cannot be found at their last-known address the taxing officer may in writing dispense with service.

AI-assisted research summary: No notice of taxation of costs needs to be given to a party against whom costs are being taxed if that party has not appeared in person or by advocate; where an advocate has withdrawn, Order 3, rule 12 of the Civil Procedure Rules applies.

AI-assisted research summary: Subject to paragraph 74A, receipts or vouchers for all disbursements charged in a bill of costs shall be produced on taxation if required by the taxing officer.

AI-assisted research summary: The taxing officer must allow reasonable charges and expenses for a person whose attendance, though not called as a witness, was certified as necessary by the Judge.

AI-assisted research summary: Advocates may certify in writing the length of documents not supported by originals or copies; if the taxing officer finds such a certificate erroneous, the taxing officer may disallow the cost (or part of it).

AI-assisted research summary: The taxing officer has power to proceed to taxation ex parte if parties or their advocates do not appear, to limit or extend time for proceedings, and to adjourn taxation hearings for proper cause.

AI-assisted research summary: If more than one‑sixth of the total amount of a bill of costs (excluding court fees) is disallowed on taxation, the taxing officer may disallow the costs of taxation; the taxing officer's decision under this rule shall be final.

AI-assisted research summary: Section 78 has been deleted.

AI-assisted research summary: The judge may, for special reasons certified by him, allow, refuse, or set lower or additional advocate’s costs.