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ELCAllowedNot stated in the judgment· [2025] KEELC 3082 (KLR)

Syano & another v Syano (Environment & Land Miscellaneous Case E007 of 2023) [2025] KEELC 3082 (KLR)

Environment and Land Court
3 April 2025
EOE. O. Obaga
1,046 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court threw out a legal fees ruling because the taxing officer used the wrong fee schedule, so the bill must be recalculated from scratch.

What this practically means

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Executive summary

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This is a first-instance reference to the Environment and Land Court against a Taxing Officer's ruling of 17th April 2023. The Applicant, who was the Defendant in Makueni ELC No. 80 of 2017 (a suit in which the Respondents sought a declaration that he held LR No. Nzaui/Mumbuni/677 in trust for them, and which was dismissed with costs), filed a notice of motion dated 26th January 2022 seeking eviction orders, which was also dismissed with costs. The Respondents thereafter filed two bills of costs, taxed at Kshs.59,950 and Kshs.60,645 respectively. The Applicant objected to specified items, contending the taxing officer applied the wrong schedule of the Advocates Remuneration Order 2014 - schedule 6 Rule 1 (other matters/suits) instead of schedule 6 Rule 13(a), which prescribes instruction fees of Kshs.10,000. The Respondents opposed, arguing the application was bad in faith, the taxed amounts had been paid, and the threshold for interfering with a taxing officer's discretion had not been met, relying on First American Bank of Kenya v Shah and Republic v Minister of Agriculture ex parte Muchiri W. Njuguna. The court framed a single issue: whether the taxing officer committed an error of principle. Holding that the eviction application was a misguided attempt to execute the decree rather than a suit, the court found the taxation was based on the wrong schedule, amounting to an error of principle. The court set aside the ruling of 17th April 2023 and remitted the bills for taxation afresh by a taxing officer other than Hon. E. Kemei.

Key legal issues

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01

Whether the taxing officer erred in principle in taxing the bills of costs

Holding

Yes - she applied the wrong schedule; the eviction application was not a suit, and instruction fees should have been taxed under schedule 6 Rule 13(a) at Kshs.10,000/=.

Reasoning

The Applicant's eviction application was an attempt to execute the decree dismissing the Respondents' suit, not a fresh suit. The taxing officer therefore wrongly based taxation on schedule 6 Rule 1 (other suits not provided for) instead of schedule 6 Rule 13(a). Applying the wrong schedule and rule amounted to an error of principle, justifying interference with the taxation of the specified items.

p. 2

Legal principles established

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  • A taxing officer commits an error of principle by applying the wrong schedule/rule of the Advocates Remuneration Order, warranting interference on reference.

Court orders

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  1. 1.The ruling of the taxing officer dated 17th April, 2023 set aside
  2. 2.The bill of costs remitted back for taxation by a taxing officer other than Hon. E. Kemei in accordance with the proper schedule
Jurisdiction invoked
Reference against a Taxing Officer's decision under the Advocates 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, "Syano & another v Syano (Environment & Land Miscellaneous Case E007 of 2023) [2025] KEELC 3082 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3082/eng@2025-04-03

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