Kitheka v Mwova & 3 others (Environment & Land Case 18 of 2021) (3 February 2023) (Directions) [2023] KEELC 580 (KLR)
The bottom line
#Kenya's Environment and Land Court set aside a costs ruling because the judge taxed the bill without reading one side's filed submissions.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxation ruling could stand where the plaintiff's filed submissions were not considered
The taxation orders were reviewed and set aside and the bill remitted for re-taxation considering both parties' submissions
The court found the plaintiff's submissions and bill of costs were properly filed on April 27, 2022, albeit late, but lateness was never raised or addressed. The submissions were returned to counsel and not considered during taxation. This omission was unfair, unjust and prejudicial, warranting supervisory intervention to ensure fair administration of justice.
Whether an audit or reassignment of the Deputy Registrar was warranted
Reassignment refused; the same Deputy Registrar may conduct the re-taxation
The court investigated the complaint with presentations from the Deputy Registrar and registry staff. It found explanations sufficient and no good reason to appoint a different Deputy Registrar, confining the remedy to setting aside the taxation and remitting the bill for re-taxation.
Legal principles established
#- A superior court may invoke supervisory jurisdiction under Article 165(6) and (7) to review the exercise of a quasi-judicial function, including taxation of costs, to ensure the fair administration of justice
- Failure to consider written submissions already properly filed before a matter was reserved for ruling in taxation proceedings is unfair, unjust and prejudicial
Court orders
#- 1.The orders of taxation of the 1st defendant's bill of costs dated March 4, 2022 be and are hereby reviewed and/or set aside
- 2.The bill of costs be remitted back to the Deputy Registrar ELC for re-taxation, taking into consideration the written submissions by both Counsel
- 3.The matter be mentioned on February 22, 2023 before the Deputy Registrar for directions on re-taxation and taxation of the plaintiff's bill of costs
- Jurisdiction invoked
- Article 165(6) and (7) of the Constitution of Kenya 2010 (supervisory jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kitheka v Mwova & 3 others (Environment & Land Case 18 of 2021) (3 February 2023) (Directions) [2023] KEELC 580 (KLR)", Case Analysis (2023). Environment & Land Case 18 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/580/eng@2023-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.