Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealOtherCivil Appeal 79 of 1997· [1998] KECA 20 (KLR)

BEATRICE WANJIRU KIMANI v EVANSON KIMANI NJOROGE [1998] KECA 20 (KLR)

Court of Appeal of Kenya
4 December 1998
1,079 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan taxing officer cut a lawyer's fee bill from Ksh.300,000 to Ksh.127,311, showing courts will slash inflated legal costs.

What this practically means

#

Executive summary

#
This document is not an appellate judgment but a ruling on taxation delivered by Deputy Registrar T. S. Luvuga on 4 December 1998, taxing the bill of costs filed by the appellant's advocates following the Court of Appeal's majority judgment of 21 November 1997, which allowed the appeal in Civil Appeal 79 of 1997 and remitted the case (H.C.C.C No. 1610 of 1995 (O.S), Kuloba J) for retrial before another judge. The respondent's counsel objected to all items as excessive, proposing Ksh.100,000/= as reasonable instructions fee and a getting up fee of one quarter of the instructions fee under rule 9(4) of the Third Schedule, and contending the bill failed to comply with rules 3(2)(c) and 3(3). The appellant's counsel, Ms Karua, defended the Ksh.300,000/= instructions fee on grounds of complexity, the matrimonial property issues (including section 17 of the Married Women Act and alleged impartiality of the trial judge), the size of the record, and depreciation of the value of money, citing Premchand Raichand Ltd v Quarry Services of East Africa Ltd. The taxing officer allowed instructions fee at Ksh.120,000/= (taxing off Ksh.180,000/=), disallowed the getting up fee in total, finding no authority or new reasons to depart from his earlier ruling, taxed off Ksh.16,500/= from item 4 and Ksh.4,000/= from item 5, and disallowed items 6 to 9 including attendance costs because more than one quarter of profit costs was disallowed. The bill was finally taxed at Ksh.127,311/=.

Key legal issues

#
01

Reasonableness of instructions fee on appeal

Holding

Instructions fee reduced from Ksh.300,000/= to Ksh.120,000/=, taking into account the complexity of the appeal, the work involved and the authorities cited

Reasoning

The taxing officer considered the notes of proceedings, the judgments of the three Judges of Appeal, the general conduct of the matter, and the complexity of the issues. Although the appeal raised complex issues including alleged bias of the trial judge on matrimonial property, complexity was only one of many factors, and Ksh.120,000/= was held reasonable.

p. 2
02

Departure from a previous taxation ruling on getting up fee

Holding

The taxing officer declined to depart from his earlier ruling allowing getting up fee, absent contrary authority or new reasons

Reasoning

Counsel for the appellant asked the taxing officer to depart from his earlier ruling and award a quarter of the instructions fee as getting up fee under rule 9(4) of the Third Schedule. The officer held that no authority to the contrary was cited and no new reasons were advanced, so the earlier decision stood and the item was disallowed in total.

p. 2
03

Consequential disallowance where a substantial portion of profit costs is disallowed

Holding

Items 6 to 9, including attendance costs, were disallowed because more than one quarter of the profit costs claimed was disallowed

Reasoning

The taxing officer applied the consequential consequence of the substantial taxation-off of profit costs: since more than one quarter was disallowed, the follow-on items in the bill, including the costs of attendance before the taxing officer, could not stand and were disallowed.

p. 2

Legal principles established

#
  • Where more than one quarter of the profit costs claimed is disallowed on taxation, the consequential items including attendance costs are disallowed

Court orders

#
  1. 1.Instructions fee on item 1 allowed at Ksh.120,000/=, with Ksh.180,000/= taxed off
  2. 2.Getting up fee disallowed in total
  3. 3.Ksh.16,500/= taxed off item 4 and Ksh.4,000/= taxed off item 5
  4. 4.Items 6, 7, 8 and 9 of the bill of costs, including costs for attendance before the taxing officer, disallowed
  5. 5.Bill of costs taxed at Ksh.127,311/= (Ksh.126,050/= plus Ksh.1,261/=)
On appeal from
High Court of Kenya at Nairobi
H.C.C.C No. 1610 of 1995 (O.S)
Jurisdiction invoked
Taxation of a bill of costs under the Third Schedule to the Court of Appeal Rules (rule 9(4) and rule 3(2)(c) and 3(3)) following the Court of Appeal judgment of November 21, 1997

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "BEATRICE WANJIRU KIMANI v EVANSON KIMANI NJOROGE [1998] KECA 20 (KLR)", Case Analysis (1998). Civil Appeal 79 of 1997. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/20/eng@1998-12-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.