Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in the judgment· [2025] KEELC 4081 (KLR)

Kavithi v Attorney General & 6 others (Environment & Land Case 1368 of 2013) [2025] KEELC 4081 (KLR)

Environment and Land Court
14 May 2025
1,711 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court upheld a Kshs 500,000 instruction fee but sent disputed billing items back for re-taxation, showing courts will fix errors without overturning everything.

What this practically means

#

Executive summary

#
This ruling by the Environment and Land Court (T. Murigi, J) determined a Notice of Objection to taxation dated 23rd February 2024, challenging the taxing officer's ruling of 7th February 2024 on the 5th to 7th Defendants' bill of costs taxed at Kshs 631,637/=. The objection was canvassed by written submissions. The Applicant, whose 2013 land suit over a 5-acre parcel abated and whose application to revive it was dismissed, contended that the taxing master erred in awarding Kshs 500,000/= instruction fees without legal basis, in taxing Items 4, 5, 6 and 18 without specifying folios, in double-charging Items 49 and 50 for court attendance on the same date, and in allowing disbursements of Kshs 2,785/= without evidential support. The Defendants maintained the taxation was sound, relying on the value of the suit property and the Joreth and Kenyariri authorities. The court adopted the Premchand principles and the Kipkorir, Titoo & Kiara standard that interference is warranted only upon an error in principle. It upheld the instruction fee of Kshs 500,000/=, finding the taxing master properly weighed the subject matter's value, the suit's duration and the orders sought. However, it found the objection merited on Items 4, 5, 6, 18, 49, 50 and 97-104, remitting them to the taxing officer for re-taxation. Costs were ordered to await the outcome of the taxation.

Key legal issues

#
01

Whether the award of Kshs 500,000/= instruction fees was made in error of principle

Holding

The objection on instruction fees failed; the taxing officer validly considered the value of the subject matter, the year of institution, the period of abatement and the dismissal for want of prosecution.

Reasoning

The court applied the Premchand principles and Joreth factors, noting the suit was instituted in 2013, involved a 5-acre parcel valued at Kshs 12,000,000/= per acre, abated after seven years, and revival was dismissed in 2023. The taxing master weighed these factors and there was no evidence of a capricious or whimsical exercise of discretion, so the court declined to interfere with Item 1.

p. 4
02

Whether Items 4, 5, 6, 18, 49, 50 and 97-104 were properly taxed

Holding

The objection on these items succeeded and they were remitted to the taxing officer for re-taxation, as the taxation was not adequately expounded, duplicated items were taxed separately, and disbursements lacked evidential support.

Reasoning

The Applicant contested the taxation of Items 4, 5, 6 and 18 as unexplained, contended Items 49 and 50 double-charged court attendance on the same date, and argued Items 97-104 (disbursements) lacked evidential support. The court found these contentions merited and remitted the items for re-taxation rather than disturbing the instruction fee.

p. 4

Legal principles established

#
  • A judge on a reference from taxation will not interfere with the taxing officer's discretion unless the taxing officer erred in principle, such as where costs allowed are so manifestly excessive as to show erroneous principles.
  • The taxing master's discretion over instruction fees must be exercised judicially and not whimsically or capriciously.

Court orders

#
  1. 1.The objection on Item No. 1 is dismissed
  2. 2.Item Nos. 4, 5, 6, 18, 49, 50 and 97-104 are remitted to the taxing officer for re-taxation
  3. 3.Costs to await the outcome of the taxation

Authorities

#

Legislation

  • Advocates Remuneration Amendment Order 2014Schedule 6, Rules 4 and 8
  • Advocates Remuneration OrderSchedule 6 Part A, paragraph 4

Cases cited (7)

  • Ecobank Kenya Limited v Deftech Kenya Limited & 2 others
    (2021) eKLR
  • R v Minister for Agriculture Ex Parte Samuel Muchiri W Njuguna
    (2006) eKLR
  • Republic v Office of Registrar Academic Affairs Dedan Kimathi University of Technology Ex parte Agutu Wycliffe Nelly
    (2019) eKLR
  • Joreth Limited v Kigano & Associates
    (2002) KECA 153 (KLR); [2002] 1 EA 92 (CAK)
  • Kenyariri & Associates Advocates v Salama Beach Hotel Ltd & 4 others
    (2014) eKLR
  • Premchand Raichand Limited v Quarry Services of East Africa Limited (No. 3)
    [1972] 1 EA 162
  • Kipkorir, Titoo & Kiara Advocates vs Deposit Protection Fund Board
    (2005) 1 KLR 528
Jurisdiction invoked
Reference from a taxing officer's decision under the Advocates Remuneration Order (objection to taxation)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kavithi v Attorney General & 6 others (Environment & Land Case 1368 of 2013) [2025] KEELC 4081 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4081/eng@2025-05-14

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