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ELCDismissedChamber Summons dated 28th March, 2025· [2025] KEELC 4486 (KLR)

Gichuki (Suing as one of the Administrators of the Estate of Jaidus Gichuki Peter) v Gichuki & 4 others (Environment & Land Miscellaneous Case E073 of 2025) [2025] KEELC 4486 (KLR)

Environment and Land Court
16 June 2025
3,691 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 master's KES 300,000 fees award, confirming judges won't intervene unless a legal principle was clearly misapplied.

What this practically means

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Executive summary

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The applicant, whose plaint and notice of motion dated 6th June 2024 were struck out by Oguttu J on 17th October 2024 with costs of the suit, the application and two preliminary objections awarded to the 2nd and 3rd respondents, filed a chamber summons dated 28th March 2025 under Paragraphs 11(2) and 13A of the Advocates (Remuneration) Order, 2014. She sought to set aside the taxing master's ruling of 19th March 2025 awarding instruction fees of KES 300,000 on the 3rd respondent's bill of costs, contending that the taxing officer misinterpreted the ruling by awarding costs of the entire suit rather than the application and preliminary objections only, wrongly treated the matter as a defended cause, and awarded manifestly excessive fees. She further sought a stay of the taxation of the 2nd respondent's pending bill of costs dated 22nd January 2025, with any orders applying mutatis mutandis. Both respondents opposed, the 2nd respondent arguing improper joinder and absence of jurisdiction over an untaxed bill. Mbogo J framed two issues: whether the taxing officer erred, and whether the orders should extend to the 2nd respondent's bill. Applying Premchand Raichand and Joreth Ltd v Kigano, the court held that the taxing officer, having found the subject matter value unascertainable, properly exercised her discretion and the KES 300,000 award was reasonable; the costs order covered the suit as well. On the second issue, the court held its reference jurisdiction arises only after a taxation is pronounced and refused to act on speculation. The application was dismissed with costs on 16th June 2025.

Key legal issues

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01

Whether the taxing officer erred in taxing the 3rd respondent's bill of costs dated 4th November 2024

Holding

No error; the award of KES 300,000 instruction fees was reasonable and confined to the court's ruling of 17th October 2024 which awarded costs of the suit, the application and the two preliminary objections.

Reasoning

The court applied the Premchand Raichand principles and Joreth Ltd v Kigano & Associates. The taxing officer had noted that no defences were filed and the value of the suit property was unascertainable from the pleadings, and she explained her reasoning leading to KES 300,000. The court read the ruling's costs order as covering the suit, the application and the preliminary objections, noting the semi-colon showed related but independent items. Interference is warranted only on error of principle, none of which was demonstrated; quantum alone is not a ground.

p. 7
02

Whether the court's orders should apply mutatis mutandis to the 2nd respondent's pending bill of costs

Holding

Refused; the court lacks jurisdiction over a bill not yet taxed and cannot anticipate the taxing officer's outcome.

Reasoning

The jurisdiction on reference arises only when the taxing officer has pronounced herself on a bill of costs. Granting the order would presume the taxing officer has a predetermined position. There exists a proper forum to dispense with the pending bill, and the court will not interfere with another forum's jurisdiction based on speculation.

p. 7

Legal principles established

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  • A court on reference will not interfere with a taxing officer's assessment unless an error of principle is shown, though manifest extravagance may infer such misdirection.
  • Where the value of the subject matter is not ascertainable from the pleadings, the taxing officer may exercise discretion to assess a just instruction fee.
  • A reference lies only against a taxation already pronounced; a court will not stay or pre-empt a pending taxation based on speculation.

Court orders

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  1. 1.The chamber summons dated 28th March, 2025 is dismissed with costs.

Authorities

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Legislation

  • Advocates (Remuneration) OrderParagraphs 11(2) and 13A

Cases cited (22)

  • Kipkorir Titoo & Kiara Advocates v Deposit Protection Fund Board
    [2005] eKLR
  • Premchand Raichand Ltd & Another v Quarry Services of East Africa Ltd & Another
    [1972] EA 162
  • Mugambi & Co. Advocates v John Okal Ogwayo & another
    [2013] eKLR
  • Outa v Odoto & 3 Others
    [2023] KESC 75 (KLR)
  • Republic v Competition Authority Ex Parte Ukwala Supermarket Ltd & Another
    [2017] eKLR
  • Kenya Airports Authority v Otieno Ragot & Co. Advocates
    SCoK Petition E011 of 2023
  • Mugumya t/a Mugumya & Co. Advocates v Salat
    (Environment and Land Misc. Application E018 of 2023) [2023] KEELC 21962 (KLR)
  • Republic v Minister for Agriculture & 2 Others Ex parte Samuel Muchiri W'Njuguna & 6 Others
    [2006] eKLR
  • Paul Nderitu Ndung'u & 20 Others v PZ Cussons East Africa Ltd
    [2015] eKLR
  • First American Bank of Kenya v Shah & Others
    [2002] 1 EA 64
  • Machira & Co. Advocates v Arthur K. Magugu & Another
    [2012] eKLR
  • Evans Thiga Gaturu, Advocates v Kenya Commercial Bank Ltd
    [2012] eKLR
  • Republic v Public Procurement Administrative Review Board & Another Ex Parte Selex Sistemi Integrati
    [2008] eKLR
  • Global Tours & Travel Ltd
    HC Misc. Appl. No. 43 of 2000
  • Tom Okello Obondo v Kenya Ports Authority
    [2005] eKLR
  • Nyangito & Co. Advocates v Doinyo Lessos Creameries Ltd
    Miscellaneous Case 843 of 2013
  • Ranyanya & another v Ochieng
    (Miscellaneous Reference Application E003 of 2022) [2023] KEHC 20535(KLR)
  • Kinyua Muyaa & Co. Advocates v Kenya Ports Authority Pension Scheme & 8 Others
    [2015] eKLR
  • Owners of Motor Vessel "Lillian S" v Caltex Oil (Kenya) Ltd
    [1989] eKLR
  • Kenya Wildlife Service v James Mutembei
    [2019] KEHC 10478 (KLR)
  • Maunge & another v Moses
    (Miscellaneous Application E017 of 2021) [2023] KEELC 21529 (KLR)
  • Joreth Ltd vs Kigano & Associates
    [2002] 1 E.A. 92
Jurisdiction invoked
Paragraphs 11(2) and 13A of the Advocates (Remuneration) Order, 2014

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, "Gichuki (Suing as one of the Administrators of the Estate of Jaidus Gichuki Peter) v Gichuki & 4 others (Environment & Land Miscellaneous Case E073 of 2025) [2025] KEELC 4486 (KLR)", Case Analysis (2025). Chamber Summons dated 28th March, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4486/eng@2025-06-16

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