Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedEnvironment and Land Miscellaneous Application E065 of 2021· [2023] KEELC 17622 (KLR)

Muindi & 2 others v Munyao

Environment and Land Court
17 May 2023
ANA. Nyukuri
954 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court ordered a case file moved to Machakos just for taxing legal fees, then returned, because an earlier taxing ruling remained unchallenged.

What this practically means

#

Executive summary

#
The applicants moved the Environment and Land Court at Machakos by Notice of Motion dated November 17, 2021 seeking transfer of Tawa MELC Case No. 226 of 2015 to Machakos for purposes of taxation. Their suit had originally been filed in the ELC but transferred to the Tawa Magistrates Court on jurisdictional grounds and dismissed with costs to the applicants. A party-and-party bill of costs dated October 13, 2020 was partially taxed: by a ruling of October 7, 2021 the taxing master directed that items 1 to 8 be filed before the Deputy Registrar of the Machakos High Court for taxation. The respondent opposed, asserting the bill had been taxed at Kshs. 17,980/- and paid in full, and that the applicants should simply file a fresh bill for items 1 to 8 rather than seek transfer. The court framed a sole issue: whether the Tawa file should be transferred for taxation of items 1 to 8. Relying on section 3A of the Civil Procedure Act, the court held the taxing master's unchallenged ruling stood, that taxation of the items properly occurs with the file before the Deputy Registrar, and that the respondent would suffer no prejudice. The court allowed the motion, ordering the file transferred to Machakos solely for taxation of items 1 to 8, to be returned to Tawa thereafter for further proceedings including execution, with no order as to costs.

Key legal issues

#
01

Transfer of file for taxation

Holding

The file in Tawa MELC No. 226 of 2015 was to be transferred to the ELC at Machakos solely for taxation of items 1 to 8 of the bill of costs, then returned to Tawa

Reasoning

The taxing master's ruling of October 7, 2021 directed that items 1 to 8 be taxed by the Deputy Registrar at Machakos. That decision was unchallenged and stood. Since the items related to proceedings in the Tawa file, taxation would properly be done when the file was before the Deputy Registrar. The respondent showed no prejudice, so the inherent jurisdiction under section 3A favoured transfer, limited to compliance with the taxing order.

p. 2

Legal principles established

#
  • A taxing master's decision that has not been set aside, reviewed or appealed against stands and must be complied with
  • The court may invoke its inherent jurisdiction under section 3A of the Civil Procedure Act to order transfer of a file for the ends of justice

Court orders

#
  1. 1.Tawa MELC Case No. 226 of 2015 transferred to the Environment and Land Court at Machakos for taxation of items 1 to 8 of the bill of costs dated October 13, 2020 by the Deputy Registrar
  2. 2.Upon taxation, the file to be returned to Tawa Magistrates Court for further proceedings including execution
  3. 3.No order as to costs

Authorities

#

Legislation

  • Civil Procedure Actsection 3A
Jurisdiction invoked
Section 3A of the Civil Procedure Act (inherent power); Environment and Land Court jurisdiction

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Muindi & 2 others v Munyao", Case Analysis (2023). Environment and Land Miscellaneous Application E065 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17622/eng@2023-05-17

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