Dickson Jomo Kebatta v Deposit Insurance Corporations in Liquidation of Middle Africa Finance Ltd [2020] KEELC 1638 (KLR)
The bottom line
#The High Court in Malindi dismissed a client's challenge to his lawyer's taxed fees, confirming courts rarely disturb a Taxing Officer's decision without proof of an error of principle.
What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Officer's taxation of Item 1 (instruction fees) was based on an error of principle or was manifestly excessive
No error of principle was established; the fee of Kshs 628,862.45 was properly computed under Schedule 6 of the Advocates Remuneration Order (2014) and was not manifestly excessive, unreasonable or unconscionable
The court perused the Taxing Officer's ruling, which applied paragraph 1(b) with a 75% reduction because the matter was determined summarily, and which used an undisputed subject-matter value of Kshs 35,989,211.95. The Respondent's own written submissions before the Deputy Registrar had adopted that same value and computed an even higher instruction fee, exceeding the taxed figure by more than Kshs 50,000. The court applied the settled test that interference is warranted only for error of principle or manifest excess, and found the Respondent's complaint baseless.
Legal principles established
#- A court will only interfere with a Taxing Officer's award where the decision was based on an error of principle or where the fee was so high or so low as to amount to an injustice; it is an error of principle to take into account irrelevant factors or to omit to consider relevant factors
Court orders
#- 1.The Reference against the decision on taxation of the Taxing Officer Honourable D. Wasike made on 18th April 2019 is dismissed
- 2.Costs of the Reference are awarded to the Applicant
- Jurisdiction invoked
- Reference against a decision of the Taxing Officer on taxation of costs (Chamber Summons under the Advocates (Remuneration) Order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dickson Jomo Kebatta v Deposit Insurance Corporations in Liquidation of Middle Africa Finance Ltd [2020] KEELC 1638 (KLR)", Case Analysis (2020). Chamber Summons application dated 20th June 2019 (Reference against Taxing Officer's decision of 18th April 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1638/eng@2020-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.