James Muthiga Albert v David Mwaniki Chege & Charles Maina Chege [2018] KEELC 4588 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Misapplication of Schedule 6 of the Advocates (Remuneration) (Amendment) Order, 2014
The Taxing Officer erred in applying the 'Other Matters' sub-heading instead of the 'Appeals' sub-heading in assessing instructions fees
The claim in the underlying appeal was unliquidated and its value could not be determined from the pleadings, judgment or settlement, so items (a) or (b) beneath Rule 1 of Schedule 6 were inapplicable. The Taxing Officer instead applied item (j) under 'Other Matters' within constitutional petitions and prerogative orders, which does not properly apply to appeals. Item (j) under 'Appeals' prescribes a reasonable sum not less than Kshs. 25,200.00; the court exercised discretion and awarded Kshs. 33,750.00.
Correct quantum of instructions fees
Reasonable instructions fees fixed at Kshs. 33,750.00, above the statutory minimum of Kshs. 25,200.00
The court held that the figure in the 'Appeals' item is a bare minimum and, taking all matters into account, awarded Kshs. 33,750.00 as reasonable remuneration, substituting the Kshs. 75,000.00 allowed by the Taxing Officer.
Legal principles established
#- Where the value of the subject matter of an appeal cannot be determined from the pleadings, judgment or settlement, remuneration is assessed under the 'Appeals' item as a reasonable sum not less than the statutory minimum, not under items based on value or under 'Other Matters'
Court orders
#- 1.The sum of Kshs. 75,000.00 awarded by the Taxing Officer is set aside and substituted with Kshs. 33,750.00
- 2.The costs of the application assessed at Kshs. 5,000.00 shall be paid by the Decree Holders/Respondents jointly and severally to the Judgment Debtor/Applicant
- On appeal from
- Taxing Master, Environment and Land Court (record transferred from Kerugoya Environment and Land Court)
- Taxation of Bill of Costs dated 20th June 2016; Ruling dated 23rd August 2016
- Jurisdiction invoked
- Paragraph 11(2) of the Advocates (Remuneration) Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "James Muthiga Albert v David Mwaniki Chege & Charles Maina Chege [2018] KEELC 4588 (KLR)", Case Analysis (2018). Summons in Chambers under Paragraph 11(2) of the Advocates (Remuneration) Order, filed 25th October 2016 (arising from Kerugoya ELC Civil Appeal No. 19 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4588/eng@2018-02-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.