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Court of AppealAllowedCourt of Appeal Reference from the Ruling of L. Achode, JA dated 11th April 2025 (arising from Consolidated Civil Appeal Nos. E017, 24 and 74 of 2020)

Kandie v Chande & 4 others (Civil Appeal (Application) 24 of 2020) [2026] KECA 83 (KLR)

Court of Appeal of Kenya
30 January 2026
1,800 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal ruled that legal fees must be calculated on the value of the property actually in dispute, not unrelated consolidated cases, cutting an inflated fee award.

What this practically means

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Executive summary

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This full-bench Reference at the Court of Appeal, Mombasa, arose from a taxation dispute following the Court's earlier decision in Consolidated Civil Appeal Nos. E017, 24 and 74 of 2020, in which the ELC judgment in David Kandie's petition over four Diani Settlement Scheme properties was set aside for want of jurisdiction over succession matters. The 1st and 2nd respondents filed a bill of costs claiming Kshs. 1,200,000 in instructions fees. The Taxing Officer allowed the claim, and a Reference by the applicant was dismissed by L. Achode, JA, who found no error of principle. On reference to a full bench, counsel for the applicant argued, citing Joreth Limited v Kigano & Associates and First American Bank Ltd v Shah, that fees should have been computed on the value of Kwale/Diani SS/2845 (Kshs. 1,000,000) - the sole subject of the respondents' appeal - not the aggregate Kshs. 40,000,000 value of all four properties. The respondents relied on Peter Muthoka and NGO Board v EG & 5 Others. The full bench held that the Taxing Officer acted in error of principle by taxing on the value of three properties not subject to the appeal in which costs were recoverable, rendering the award manifestly excessive. Applying NGO Board and Premchand Raichand, the Court set aside the single judge's ruling and remitted the bill for re-taxation before a Taxing Officer other than Hon. Adika, with each party bearing their own costs of the Reference.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Taxing Officer erred in principle by computing the instructions fees on the aggregate value of four properties (Kshs. 40,000,000) rather than the value of the specific property (Kwale/Diani SS/2845, valued at Kshs. 1,000,000) subject to Civil Appeal No. 24 of 2020 in which the applicant was liable for costs
  2. 2.Whether the single judge erred in upholding the Taxing Officer's ruling

Key legal issues

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01

Error of principle in computing instructions fees on the value of property not subject to the appeal for which costs were awarded

Holding

The Taxing Officer erred in principle by using the aggregate value of four properties where only one property (Kwale/Diani SS/2845) was the subject of Civil Appeal No. 24 of 2020, and the resulting award of Kshs. 1,200,000 was manifestly excessive.

Reasoning

The consolidated appeals were filed by separate parties over separate properties, each memorandum of appeal addressing individual properties. Since the applicant was accountable for costs only in the 1st and 2nd respondents' appeal concerning Kwale/Diani SS/2845, valued at Kshs. 1,000,000, taxing instructions fees on the total value of Kshs. 40,000,000 was an error of principle producing a manifestly excessive fee.

p. 3
02

Applicable principles for setting aside a certificate of taxation

Holding

The Court applied the Supreme Court's guidance in NGO Board v EG & 5 Others and Premchand Raichand: interference is warranted on error of principle or manifest excess, with due regard to fair reimbursement and consistency.

Reasoning

The Court restated that a single judge should not interfere merely because they would have awarded a different figure, but may do so where the taxing officer's discretion was exercised unjudicially. Here the error of principle and manifest excess were established, satisfying the criteria for setting aside the certificate of taxation and remitting the bill for re-taxation before a different Taxing Officer.

p. 4

Legal principles established

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  • Instructions fees on a taxed bill must be computed on the value of the subject matter of the specific appeal in respect of which costs are payable, not the aggregate value of property in other appeals consolidated with it.
  • A certificate of taxation may be set aside where the Taxing Master acted in error of principle or the fee awarded is manifestly excessive, subject to the principles of fair reimbursement and consistency laid down in Premchand Raichand and NGO Board v EG & 5 Others.

Court orders

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  1. 1.The applicant's Reference is allowed as prayed
  2. 2.The ruling of the Hon. Single Judge (L. Achode, JA.) dated 11th April 2025 is set aside
  3. 3.The applicant's bill of costs dated 22nd June 2023 is remitted for re-taxation by a Taxing Officer other than Hon. Adika
  4. 4.Each party to bear their own costs of the Reference

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

majority

Wrote the judgment

Wrote the judgment

On appeal from
Court of Appeal of Kenya (single judge, L. Achode, JA)
Reference dated 4th December 2023 from Taxing Officer's ruling dated 29th November 2023 (Consolidated Civil Appeal Nos. E017, 24 and 74 of 2020)
Jurisdiction invoked
Reference to a full bench under the Court of Appeal Rules in respect of a single judge's decision on a reference against a Taxing Officer's ruling

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

We find that the Taxing Oficer acted in error of principle by computing instructions fees recoverable by the 1st and 2nd respondents on the basis of the value of four properties of which three were not subject to the specific appeal (Civil Appeal No. 24 of 2020) in respect of which the 1st and 2nd respondents were entitled to costs as against the applicant.
p. 3Error of principle in taxation of instructions fees
the ruling of the Hon. Single Judge (L. Achode, JA.) dated 11th April 2025 is hereby set aside
p. 4Final orders - setting aside the single judge's ruling
the applicant’s bill of costs dated 22nd June 2023 be and is hereby remitted for re-taxation by a Taxing Oficer other than Hon. Adika
p. 4Final orders - remittal for re-taxation
The parties shall bear their own costs of the Reference.
p. 4Final orders - costs

Issues in the judgment

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minor

The judgment dates the applicant's Reference as '11th April 2021' in the disposition, which is internally inconsistent: the Reference is earlier described as dated 4th December 2023 and the single judge's ruling under challenge is dated 11th April 2025.

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, "Kandie v Chande & 4 others (Civil Appeal (Application) 24 of 2020) [2026] KECA 83 (KLR)", Case Analysis (2026). Court of Appeal Reference from the Ruling of L. Achode, JA dated 11th April 2025 (arising from Consolidated Civil Appeal Nos. E017, 24 and 74 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/83/eng@2026-01-30

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