Sichangi & 3 others v Wangusi (Miscellaneous Application E005 of 2024) [2024] KEELC 6819 (KLR)
The bottom line
#A Bungoma court refused to overturn a Taxing Master's fees award, confirming Kenyan judges only intervene where taxation involved a clear error of principle.
What this practically means
#Executive summary
#Key legal issues
#Whether the reference was time barred
The court excused the delay in the interest of justice, noting the directions were posted on the Court Tracking System on 12/4/2024 and the applicant was expected to be proactive
The Taxing Master issued directions on 26/3/2024 but they were posted on the Court Tracking System Platform on 12/4/2024, when the applicant claimed to have seen them. Although the applicant should have followed up proactively, the court chose to consider the application on its merits in the interest of justice rather than dismiss it as time barred.
Whether the Taxing Master erred in principle in taxing instruction and getting up fees
No error of principle established; the value of the subject matter could not be ascertained from the record and the amended plaint referred to a different parcel with no stated value
The applicant filed the reference as a miscellaneous application separate from the primary suit, so the court could not consider the entire record. The sale agreement showed Kshs.200,000/= for parcel Bokoli/Chwele/259, but the amended plaint concerned parcel Bokoli/Chwele/3320 with no value stated, and the judgment merely took note of the evidence. There was thus no capricious or whimsical exercise of discretion.
Legal principles established
#- A Taxing Master's judicial discretion can only be interfered with on account of an error of principle, where the fee awarded is manifestly excessive based on an error of principle, or where the discretion is exercised capriciously and in abuse of the correct principles of law.
- On a reference from taxation, a judge will not normally interfere with the Taxing Officer's discretion unless the Taxing Officer erred in principle in assessing the costs.
- Instruction fees are principally based on the value of the subject matter, ascertained from the pleadings, judgment or any settlement depending on the stage of taxation.
Court orders
#- 1.The application dated 18th April 2024 is dismissed with costs.
- 2.Orders accordingly.
- Jurisdiction invoked
- Order 11(2) of the Advocates Remuneration Order (reference against a Taxing Master's ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sichangi & 3 others v Wangusi (Miscellaneous Application E005 of 2024) [2024] KEELC 6819 (KLR)", Case Analysis (2024). Miscellaneous Application (Chamber Summons) dated 18th April 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6819/eng@2024-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.