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ELCAllowedNot stated in the judgment· [2022] KEELC 1869 (KLR)

Josephine Wambui Githinji v Peter Gachenga Kimuhu & 2 others [2022] KEELC 1869 (KLR)

High Court of Kenya
27 January 2022
639 words in judgment
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The bottom line

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Kenya's High Court set aside a Kshs. 1.3 million costs ruling because the taxing officer failed to explain each item or verify unproved airfare claims.

What this practically means

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Executive summary

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This ruling of the High Court at Kajiado (M.N. Gicheru, J) determined a Chamber Summons dated 17th November, 2021 brought by the Defendant under Rules 2, 11(1) and (2) of the Advocates Remuneration Order 2009 and provisions of the Civil Procedure Act and Rules. The application sought setting aside of the decision of the Taxing Master (Deputy Registrar) dated 27th October 2021, which taxed the Plaintiff's Bill of Costs dated 10th May 2021 at Kshs. 1,315,733 out of a claim of Kshs. 1,551,549, taxing off Kshs. 235,816; it further sought re-taxation by a different Taxing Master or, in the alternative, fresh taxation by the court. The applicant complained that the Taxing Officer failed to consider his written submissions, failed to give elaborate reasons for the taxation of numerous items despite a request, and improperly allowed airfare items for travel from the United States that were not proved. The Plaintiff/Respondent opposed, arguing that the bill was drawn to scale and taxed in accordance with the law and that the application was intended to delay enjoyment of the judgment. The court found the applicant was entitled to elaborate reasons for each taxed item and that the Taxing Master should have clearly stated the dates the Plaintiff attended court and the air ticket numbers before allowing airfare items. The court allowed the application in its entirety and directed that the Bill of Costs be re-assessed by Hon. Irene Kahuya, Principal Magistrate, Kajiado. No costs order was recorded.

Key legal issues

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01

Failure of the Taxing Master to give reasons for taxation of specified items

Holding

The applicant was entitled to elaborate reasons for the taxation of each item; the Taxing Officer's bare statement that he was guided by the Advocates Remuneration Order was insufficient.

Reasoning

The applicant had requested reasons for the taxation of numerous items in the Bill of Costs. The Taxing Officer did not provide a comprehensive explanation, only stating that he was guided by the Advocates Remuneration Order. The court held that a taxing officer must give elaborate reasons for how each item was taxed, and the failure to do so justified setting aside the decision and ordering re-taxation.

p. 2
02

Allowance of unproved airfare items

Holding

The Taxing Master erred in allowing items relating to airfare from the United States of America without proof, and should have stated the dates of attendance and ticket numbers.

Reasoning

The Taxing Master allowed items 100, 103, 106, 150, 113 and 130, which related to air fare from the United States of America, yet those costs were not proved and, according to the applicant, the Plaintiff attended the trial court only twice rather than six times. The court agreed that the taxing officer should have clearly stated the dates of attendance and the air ticket numbers before allowing such items.

p. 2

Legal principles established

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  • A party is entitled to elaborate reasons explaining how each item of a Bill of Costs was taxed by the Taxing Master.
  • Where items such as airfare are allowed in taxation, the Taxing Master must state clearly the dates of attendance and particulars of the tickets.

Court orders

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  1. 1.The application dated 17/11/2021 is allowed in its entirety
  2. 2.The Bill of Costs be re-assessed by Hon. Irene Kahuya, Principal Magistrate, Kajiado

Authorities

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Legislation

  • Advocates Remuneration OrderRules 2, 11(1) and (2)
  • Civil Procedure RulesOrder 22 Rule 25; Order 42 Rule 6
  • Civil Procedure ActSections 1A, 1B, 3A and 63(c) and (e)
On appeal from
Taxing Master (Deputy Registrar)
Plaintiff's Bill of Costs dated 10th May, 2021
Jurisdiction invoked
Rules 2, 11(1) and (2) of the Advocates Remuneration Order 2009; Order 22 Rule 25 and Order 42 Rule 6 Civil Procedure Rules 2010; Sections 1A, 1B, 3A and 63(c) and (e) of the Civil Procedure Act

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, "Josephine Wambui Githinji v Peter Gachenga Kimuhu & 2 others [2022] KEELC 1869 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1869/eng@2022-01-27

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