Superior Homes (Kenya) PLC v Water Resources Authority (WRA); Gems Management Limited & 8 others (Interested Parties) (Environment and Land Constitutional Petition 12 of 2019 & Judicial Review Miscellaneous Application 192 of 2018 (Consolidated)) [2025] KEELC 587 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the award of Kshs. 500,000 as Instruction Fees and Kshs. 75,000 as Getting Up Fees was erroneous
The Taxing Officer did not err in principle; she had discretion to increase or decrease the amount awarded and the Getting Up fees of 15% of the Instruction Fees were proper
Schedule VI of the Advocates (Remuneration) Order 2014 permits the taxing officer to increase or reduce instruction fees in her discretion. For constitutional petitions, Schedule VI (j) requires consideration of the nature and importance of the petition, complexity, novelty, value of subject matter and time expended. The Taxing Officer noted no monetary award was made and significant preparation time was involved. Neither party demonstrated with precision how she misapplied the law or the applicable formula.
Whether the Taxing Officer erred in taxing the listed items of the Bill of Costs
The Taxing Officer properly exercised her discretion; the court declined to interfere with the amounts as taxed
On perusal of the Bill of Costs and the impugned Ruling, the Taxing Officer relied on Schedule VI (4) of the Advocates Remuneration Order 2014 in calculating the sums and provided proper reasons for taxing the said amounts as she did. The parties failed to establish any error of principle warranting interference with her discretion.
Legal principles established
#- A court will not interfere with a Taxing Officer's decision unless it is shown that the decision was based on an error of principle or the fee awarded was manifestly excessive so as to justify an inference of error of principle
- Where the value of the subject matter cannot be ascertained from pleadings, judgment or settlement, the taxing officer may use his discretion to assess instruction fees considering the nature and importance of the cause and all other relevant circumstances
- Getting Up fees are properly awarded at 15% of the Instruction Fees awarded
Court orders
#- 1.The Chamber Summons applications dated the 9th November, 2021 and 12th April, 2022 are dismissed
- 2.The Taxing Officer's decision dated the 14th July, 2021 is upheld
- 3.No order as to costs
- Jurisdiction invoked
- Reference/review and revision jurisdiction of the High Court over the Taxing Master's decision (Taxing Officer's Ruling of 14th July 2021)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Superior Homes (Kenya) PLC v Water Resources Authority (WRA); Gems Management Limited & 8 others (Interested Parties) (Environment and Land Constitutional Petition 12 of 2019 & Judicial Review Miscellaneous Application 192 of 2018 (Consolidated)) [2025] KEELC 587 (KLR)", Case Analysis (2025). Not stated in the judgment (Chamber Summons applications dated 9th November, 2021 and 12th April, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/587/eng@2025-02-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.