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ELCDismissedApplication dated 13th November, 2024 (arising from Bill of Costs dated 9th September, 2021)· [2025] KEELC 1113 (KLR)
Ngoge t/a OP Ngoge & Associates v Kenya Koch Light Industries Limited & another (Environment & Land Miscellaneous Case 3 of 2020) [2025] KEELC 1113 (KLR)
Environment and Land Court (as inferred from the coram; not expressly stated in the extract)
28 February 2025
1,614 words in judgment
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·~6 min to read original · ~4 min briefThe bottom line
#A Kenyan court refused to increase an advocate's fees, confirming that taxing officers' decisions stand unless there is clear proof they made a legal error.
What this practically means
#Executive summary
#The Applicant, an advocate, moved the court by application dated 13th November, 2024 seeking review, variation and enhancement of the Taxing Officer's assessment of instruction fees on items 1A, 1B and 47, plus an increase of one-half under Part B of the Schedule. He was aggrieved by the ruling of 5th November, 2024, contending that the value of the subject matter was not pleaded in the plaintiff's suit, that the Taxing Officer should have ascertained an approximate value from the record, and that he was denied a fair hearing. The Respondent, through a replying affidavit of Faith Wambui and grounds of opposition, maintained that the Taxing Officer delivered a reasoned ruling, that no evidence justified the pleaded value of Kshs. 15 billion, and that the letter of objection of 11th November, 2024 did not comply with paragraph 11(1) of the Advocates (Remuneration) Order. The court framed a single issue: whether the Taxing Officer judiciously applied her discretion. Applying Peter Muthoka v Ochieng and Joreth Ltd v Kigano & Associates, the court held that interference is warranted only on proof of an error of principle or a manifestly excessive or manifestly low award. Since the value of the claim could not be ascertained from the pleadings, the Taxing Officer properly exercised her discretion, considering the claim's lack of complexity and the time, skill and resources expended, and awarded Kshs. 100,000 as instruction fees. No material demonstrated injudicious exercise of discretion. The application was dismissed with costs to the 1st Respondent.
Key legal issues
#01
Whether the Taxing Officer judiciously exercised her discretion in assessing instruction fees
Holding
Yes; she considered relevant factors including complexity, time, skill and resources, and no error of principle was demonstrated
Reasoning
The Taxing Officer found the value of the subject matter could not be ascertained from the pleadings, entitling her to exercise discretion. She based the Kshs. 100,000 award on the claim's lack of complexity and considered the time, skill and resources expended. The Applicant adduced no evidence justifying the pleaded value of Kshs. 15 billion or showing a failure to consider relevant factors or consideration of irrelevant ones.
p. 4
Legal principles established
#- A court will not interfere with a Taxing Officer's discretion merely because the award is too low or too high, unless an error of principle or manifest excess/deficiency is clearly demonstrated
- Where the value of the subject matter is not ascertainable from the pleadings, judgment or settlement, the taxing officer may use discretion to assess just instruction fees considering all relevant circumstances
Court orders
#- 1.The application dated 13th November, 2024 is dismissed with costs to the 1st Respondent
- Jurisdiction invoked
- Reference/review of a Taxing Officer's assessment under the Advocates (Remuneration) Order, paragraph 11
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngoge t/a OP Ngoge & Associates v Kenya Koch Light Industries Limited & another (Environment & Land Miscellaneous Case 3 of 2020) [2025] KEELC 1113 (KLR)", Case Analysis (2025). Application dated 13th November, 2024 (arising from Bill of Costs dated 9th September, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1113/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.