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ELCDismissedNot stated in the judgment· [2025] KEELC 1392 (KLR)

Kenya Electricity Transmission Company v Nyandoro & Co. Advocates (Environment and Land Miscellaneous Application E003 of 2024) [2025] KEELC 1392 (KLR)

High Court of Kenya
20 March 2025
2,804 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The High Court dismissed an advocate's challenge to a taxed legal bill, confirming courts rarely interfere with a Taxing Master's decisions unless a legal principle was clearly misapplied.

What this practically means

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Executive summary

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This is a judge's reference against a Taxing Master's (Deputy Registrar's) ruling of 13th December 2023, which awarded the Respondent advocate Kshs. 717,642.12 out of an Advocate-Client Bill of Costs dated 7th December 2022 arising from Ngong' CMELC No. 25 of 2019, a compensation claim for limited loss of use of land. The Applicant sought variation or setting aside of the ruling and re-taxation, alleging errors in principle: failure to apply Schedule 7 principles; an unexplained instruction fee of Kshs. 250,000; award of getting up fees (Kshs. 83,333.30), perusal and drafting fees and registry attendance not provided for under Schedule 7; incorrect attendance fees; and the improper 50% increase and VAT. Two grounds were abandoned in submissions. The Respondent maintained the 2014 Advocates Remuneration Order was correctly applied and the items fairly taxed. The court framed two issues: whether the application should be allowed and costs. Relying on Court of Appeal authority (Lucy Waithira; Kenya Ports Authority Pension Scheme; Lusasi quoting Kipkorir, Titoo & Kiara and Arthur), the court held that a taxing officer's discretion may only be disturbed on an error of principle or a manifestly excessive or low award. Getting up fees were justified since the matter proceeded to hearing; attendance items had already been reduced; and the 50% increase plus 16% VAT was provided for by Schedule 7B(c). The admitted Kshs. 784,000 payment could not be deducted absent proof it was the agreed global fee. The reference was dismissed with no orders on costs.

Key legal issues

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01

Whether the Taxing Officer erred in principle in awarding getting up fees, attendance costs and the 50% increase plus VAT

Holding

No error was established; the getting up fees were justified as the matter proceeded to hearing, attendance costs were reduced by the Taxing Officer, and the 50% increase and VAT were duly provided for in law

Reasoning

The matter had been heard and determined, so getting up fees as one third of instruction fees were justified per the Court of Appeal in Lucy Waithira. Attendance costs had already been reduced from the amounts drawn. The 50% increase is provided for under Schedule 7B(c) and adding 16% VAT was proper. The Applicant admitted in the Bill that Kshs. 784,000 had been paid, and that payment could not be deducted unless shown to be the agreed fee for the whole matter.

p. 6
02

Whether the reference court may interfere with the Taxing Officer's discretion on quantum

Holding

Interference is only warranted on an error in principle or where the award is manifestly high or low as to lead to an injustice; questions of quantum are for the taxing officer

Reasoning

Relying on Kenya Ports Authority Pension Scheme v Kinyua Muyaa and Lusasi v APA Insurance (quoting Kipkorir, Titoo & Kiara v Deposit Protection Fund Board and Arthur v Nyeri Electricity Undertaking), the court restated that a judge on a reference will not normally interfere with a taxing officer's discretion absent an error in principle, quantum questions being particularly for taxing officers.

p. 6
03

Whether the Kshs. 784,000 already paid should be deducted from the taxed bill

Holding

The payment cannot be deducted from the taxed bill unless the Applicant demonstrates it was the agreed fees for the whole matter

Reasoning

The court noted that in the Advocate-Client Bill of Costs the Applicant admitted paying Kshs. 784,000, which the Respondent had deducted. The Applicant argued the further award of Kshs. 717,642.12 amounted to unjust enrichment, but the court held the admitted payment could not be deducted absent proof of an agreed global fee.

p. 6

Legal principles established

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  • A taxing officer's discretion on taxation will not be interfered with unless exercised capriciously, based on an error of principle, or the fee awarded is manifestly excessive or excessively low as to amount to an injustice
  • Getting up fees are justified where the matter was fixed for hearing, since the advocate is assumed to have prepared for the hearing

Court orders

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  1. 1.The reference is dismissed with no orders on costs

Authorities

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Legislation

  • Advocates Act (Remuneration) (Amendment) OrderOrder 11(3) and (4)
  • Civil Procedure RulesOrder 42 Rule 6(1)
  • Civil Procedure ActSection 3A
  • Advocates (Remuneration) Amendment OrderSchedule 7; Schedule 7A and B; Schedule 7B(c); Schedule 6; Paragraph 16; Paragraphs 6, 7(i) and (ii)

Cases cited (8)

  • Dacha (suing as the Administratix of the Estate of James Romanus Dacha-Deceased) vs Opiyo & 3 others
    [2024] KEELC 6875 (KLR)
  • Joreth Ltd vs Kigano & Associates
  • Nguruman Ltd vs Kenya Civil Aviation Authority & 3 others
    (2014) eKLR
  • Lucy Waithira & 2 others v Edwin Njagi T/A E. K Njagi & Company Advocates
    [2017] KECA 272 (KLR)
  • Kenya Ports Authority Pension Scheme & 8 others v Kinyua Muyaa & Co. Advocates
    [2022] KECA 578 (KLR)
  • Lusasi (Suing as the Legal Representative of the Estate of Samuel Lusasi - Deceased) v APA Insurance Limited
    [2024] KECA 831 (KLR)
  • Kipkorir, Titoo & Kiara vs. Deposit Protection Fund Board
    [2005] eKLR
  • Arthur vs. Nyeri Electricity Undertaking
    [1961] EA 497
On appeal from
Deputy Registrar (taxation of Advocate-Client Bill of Costs)
Advocate-Client Bill of Costs dated 7th December 2022 (Ngong' CMELC No. 25 of 2019)
Jurisdiction invoked
Order 42 Rule 6(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act; reference from taxation under the Advocates Act (Remuneration) Order

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Electricity Transmission Company v Nyandoro & Co. Advocates (Environment and Land Miscellaneous Application E003 of 2024) [2025] KEELC 1392 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1392/eng@2025-03-20

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