Ogeto t/a Ogeo & Ogeto Advocates v Muchiri (Environment and Land Miscellaneous Application E20, E21, E25, E26, E27, E28, E29, E30, E31 & E32 of 2021 (Consolidated)) [2022] KEELC 3239 (KLR)
The bottom line
#The court upheld a taxing officer's decision requiring each jointly-represented client to pay separate advocate fees, confirming no error of principle.
What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Officer erred in principle by awarding separate instruction fees and getting-up fees to each of the jointly-instructed clients
No error; the advocate is entitled to separate instruction fees from each party he represents, and getting-up fees follow from the filing of a denial of liability
Relying on Nguruman and Nyamogo & Nyamogo, the court held that receipt of instructions from each client is a separate exercise even where a single pleading is filed, and Rule 62(2) requires disallowance only of costs unnecessarily incurred, which is why shared items were ordered shared. Getting-up fees are payable once a denial of liability is filed under Schedule 6 paragraph 2(i), and since separate instruction fees are payable, separate getting-up fees also follow.
Whether the court could interfere with the Taxing Officer's award on the reference
No basis established to interfere with the lawful judicial discretion of the Taxing Officer
The applicable principles from Kipkorir Titoo & Kiara, First American Bank and Joreth Ltd permit interference only where the taxing officer erred in principle or the award is manifestly excessive. The court found the taxing officer aware of the correct principles, having shared all costs other than instruction and getting-up fees, and concluded the discretion was exercised judiciously and on correct principles.
Legal principles established
#- A judge on a reference will not interfere with a Taxing Officer's discretion absent an error of principle or manifestly excessive award
- An advocate instructed by multiple parties in one suit is entitled to separate instruction fees from each party notwithstanding joint pleadings
- A denial of liability filed or joinder of issues suffices for getting-up fees to be payable
Court orders
#- 1.The Respondent/Applicant's Chamber Summons application dated 14th February, 2022 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Rules 11(1) and (2) of the Advocates Remuneration Order, Section 3A of the Civil Procedure Act and Article 159 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogeto t/a Ogeo & Ogeto Advocates v Muchiri (Environment and Land Miscellaneous Application E20, E21, E25, E26, E27, E28, E29, E30, E31 & E32 of 2021 (Consolidated)) [2022] KEELC 3239 (KLR)", Case Analysis (2022). Misc. Application No. E32 of 2021 (consolidated with E20, E21, E25, E26, E27, E29, E30, E31 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3239/eng@2022-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.