Wakf Commissioners of Kenya v Kabundu Holdings Limited (Environment & Land Miscellaneous Case E114 of 2022) [2025] KEELC 1153 (KLR)
The bottom line
#Kenya's High Court cut a Kshs.2.68 million legal bill, ruling lawyers whose client's suit is withdrawn without trial get 75% of the instruction fee and no getting-up fee.
What this practically means
#Executive summary
#Key legal issues
#Competency of the reference
The court declined to revisit the objection on non-compliance with paragraph 11 as it had been raised and rejected before Justice Matheka
The respondent had raised the same objection in an application for stay of execution heard by Justice Matheka, whose ruling dated 12.06.2024 did not uphold the objection. The court held it could not revisit the issue so as to review a sister judge's decision.
Whether respondent's advocates were properly on record before withdrawal of the suit
They were properly on record; the notice of withdrawal was only adopted on 25.05.2023, after the advocates filed a notice of appointment on 24.05.2023
Although a notice of withdrawal dated 16.03.2023 was filed, the respondent then acting in person objected, and the notice was not endorsed or adopted by the court until 25.05.2023. The respondent's advocates filed a notice of appointment on 24.05.2023 and were present on the date of withdrawal. No consent order was recorded as claimed by the applicant.
Whether the taxing officer erred in principle
Yes, in part - failure to reduce instructions fee to 75% and awarding a getting up fee where there was no trial
The taxing officer correctly applied Schedule 6 of the ARO 2014 and correctly adopted Kshs.120,000,000/= as the value of the subject matter from the pleadings. However, since the suit was withdrawn without a full trial, the instructions fee should have been pegged at 75% of the scale fee under paragraph 1(b), and no getting up fee was justifiable as the suit was withdrawn at its infancy.
Legal principles established
#- Where proceedings are terminated in a summary manner without a hearing, the applicable instruction fee is 75% of the fee chargeable under item 1(a)
- A getting up fee cannot be awarded where there was no trial or preparation for trial
Court orders
#- 1.The decision of the taxing officer dated 06.12.2023 is set aside
- 2.The respondent's bill of costs dated 30.05.2023 is remitted to another taxing officer for taxation
- 3.The respondent is entitled to only 75% of the instruction fee
- 4.The respondent is not entitled to any getting up fee
- 5.The rest of the items in the bill of costs shall be taxed afresh per scale
- 6.Each party to bear its own costs
- Jurisdiction invoked
- Paragraph 11 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wakf Commissioners of Kenya v Kabundu Holdings Limited (Environment & Land Miscellaneous Case E114 of 2022) [2025] KEELC 1153 (KLR)", Case Analysis (2025). Reference dated 03.01.2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1153/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.