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ELCDismissedNot stated in the judgment· [2025] KEELC 3655 (KLR)

Luis v Mwangi & another (Environment & Land Case 185 of 2016) [2025] KEELC 3655 (KLR)

Environment and Land Court
9 May 2025
1,546 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court refused to disturb a taxing officer's fees award, confirming judges rarely interfere unless there is a clear error of principle.

What this practically means

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Executive summary

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The Plaintiff/Applicant filed a notice of motion dated 11th February 2025 seeking to set aside the Taxing Officer's ruling of 23rd January 2025, which allowed Kshs. 300,000/= as instruction fees (item 1) and Kshs. 100,000/= as getting up fees (item 138) of the Plaintiff's Amended Party and Party Bill of Costs dated 2nd July 2024. The Applicant contended that the taxing was arbitrary, grossly inadequate and failed to consider the value of the suit property as evidenced by a valuation report dated 6th November 2024 and a charge sheet in Nakuru CMCC No. E490 of 2024, which had been placed on the court file. The 1st Defendant/Respondent opposed the application as premature and procedurally flawed, arguing that the value of the subject matter could not be ascertained from the pleadings and that the valuation report had been filed without leave after the matter was concluded. The court framed a sole issue: whether there were sufficient grounds to interfere with the Taxing Officer's ruling. Applying Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board and First American Bank of Kenya v Shah, the court held that interference requires an error of principle or a manifestly excessive award. It agreed with the Taxing Officer that the value of the suit property could not be ascertained from the pleadings, noted that the valuation report and charge sheet were filed after judgment on 8th February 2024 and without leave, and held that the instruction fee was properly assessed. The getting up fees of Kshs. 100,000/= correctly represented one-third of the instruction fees under Schedule 6A of the Advocates (Remuneration) Order 2014. The application was dismissed with each party bearing their own costs.

Key legal issues

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Whether the Taxing Officer's ruling of 23rd January 2025 should be set aside as arbitrary or based on an error of principle

Holding

The application was dismissed; the taxing officer took into account relevant considerations, gave reasons, and the taxed figures were neither based on an error of principle nor manifestly excessive or inadequate.

Reasoning

The court applied the settled standard that interference with a taxing officer's discretion requires an error of principle or a manifestly excessive fee. The value of the suit property could not be ascertained from the pleadings; the valuation report and charge sheet were filed after judgment and without the taxing officer's leave, hence improperly on record. The getting up fees correctly followed the statutory one-third formula, so there was no basis for interference.

Legal principles established

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  • A judge on a reference 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 or inadequate so as to justify an inference of error of principle
  • Getting up fees are one-third of the instruction fees under Paragraph 2 of Schedule 6A of the Advocates (Remuneration) Order 2014
  • Where the value of the subject matter cannot be ascertained from the pleadings, the taxing officer may lawfully exercise discretion on the reasonable charge for work done, and documents filed after judgment without leave cannot found a reference

Court orders

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  1. 1.The application dated 11th February, 2025 is dismissed
  2. 2.Each party shall bear their own costs of the reference
Jurisdiction invoked
Inherent jurisdiction of the court and Rule 11 of the Advocates Remuneration Rules (reference from a Taxing Officer's ruling)

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, "Luis v Mwangi & another (Environment & Land Case 185 of 2016) [2025] KEELC 3655 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3655/eng@2025-05-09

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