In a notable ruling, the High Court of Kenya recently tackled the issue of advocate fees in legal proceedings related to procurement disputes.
The case involved an application before the High Court where an advocate contested the taxation decision made by Honorable Claire Wanyama, the Deputy Registrar of the High Court. The advocate had sought higher fees than those awarded by the Deputy Registrar.
The dispute stemmed from proceedings before the Public Procurement Administrative Review Board, where the advocate represented Gyto Security Company Ltd in a tender award case valued at Ksh.52,734,600.00.
The advocate had charged fees based on the tender value. However, the Deputy Registrar determined that the crux of the matter before the Board was not the tender amount but rather the legality of the tender award process and decision-making.
In his ruling, Justice Prof (Dr) Nix N Sifuna stressed that in procurement disputes, advocates should base their fees on the decision-making process rather than the tender amount alone. Thus, the value of the tender should not be the sole factor in fee calculations for advocates.
Furthermore, the ruling underscored the significance of clear instructions between advocates and their clients. The judge condemned the practice of clients disavowing their advocates after legal representation and affirmed that instructions can be inferred from the parties’ conduct.
This ruling holds considerable importance as it clarifies the considerations advocates should take into account when determining their fees for representing clients in tender disputes. It provides guidance for advocates to ensure fair and reasonable fee structures in such cases.
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