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Court of AppealOtherNot stated in the judgment (Chamber Summons application dated 5th February 2024)· [2024] KECA 783 (KLR)

Onkoba v Omwoyo & 2 others (Election Petition (Application) E014 of 2023) [2024] KECA 783 (KLR)

Court of Appeal
5 July 2024
HOH. A. Omondi
444 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal ruled that a single judge cannot set aside a Taxing Master's costs decision—such challenges must go before a full bench of three or more judges.

What this practically means

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Executive summary

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By a Chamber Summons dated 5th February 2024, supported by the affidavit of Michelle Kemuma Omwoyo, the applicant sought to set aside the ruling of the Taxing Master of 25th January 2024, which allowed the 1st respondent's Party and Party Bill of Costs at Kshs.322,3000/-. The costs related to a ruling of 24th October 2023 in which the Court struck out the appellant's election petition appeal with costs to the 1st and 2nd respondents. The applicant contended that the Taxing Master failed to exercise his discretion judiciously, awarded costs that were manifestly low, and did not appreciate that election petition appeals are complex, technical and high-stakes litigation rather than straightforward matters. The 1st respondent opposed, submitting that taxation is not a mathematical exercise and that the Taxing Master must adopt a flexible and sensible approach, weighing factors such as the difficulty and complexity of the issues, the length of the trial, the value of the subject matter, and other factors affecting fairness. H. A. Omondi, JA, sitting as a single judge, did not determine the merits of the complaint. She held that what the applicant sought - setting aside the Taxing Master's findings - is not a matter for a single judge. She accordingly declined to make any orders and directed that the application be listed before a full bench. No costs order was made on the application.

Key legal issues

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01

Whether a single judge may interfere with a Taxing Master's decision

Holding

The single judge declined jurisdiction, holding that setting aside a Taxing Master's findings is for a full bench.

Reasoning

The Court characterised the application as one seeking to set aside the Taxing Master's findings. Since that is not a matter reserved to a single judge, the judge declined to make orders and directed that the application be placed before a full bench for determination. The merits of the complaint that the costs were manifestly low were therefore not decided.

p. 2

Legal principles established

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  • A single judge of the Court of Appeal cannot set aside the findings of a Taxing Master; such an application must be placed before a full bench.

Court orders

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  1. 1.Declined to make any orders on the application
  2. 2.Directed that the application be listed before a full bench
On appeal from
Taxing Master (Deputy Registrar)
1st respondent's Party and Party Bill of Costs dated 25th October 2023
Jurisdiction invoked
Chamber Summons before a single judge of the Court of Appeal seeking review of a taxation ruling

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Onkoba v Omwoyo & 2 others (Election Petition (Application) E014 of 2023) [2024] KECA 783 (KLR)", Case Analysis (2024). Not stated in the judgment (Chamber Summons application dated 5th February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/783/eng@2024-07-05

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