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ELCDismissedChamber Summons dated 7th February 2025· [2025] KEELC 4800 (KLR)

Abdullahi Gitari & Odhiambo Advocates LLP v County Government of Wajir (Environment & Land Miscellaneous Case E028 of 2025) [2025] KEELC 4800 (KLR)

High Court of Kenya
20 June 2025
1,967 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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The High Court upheld a Kshs. 10 million fee award against Wajir County Government, confirming that challenging a taxing officer requires proving an error of principle with evidence.

What this practically means

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Executive summary

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This was a reference by way of Chamber Summons dated 7th February 2025 in which the Applicant, through its County Attorney Naema Ibrahim Somow, sought review, variation and setting aside of the Taxing Officer's ruling of 31st January 2025, which taxed the Respondent advocate's bill of costs at Kshs. 10,015,500, including instruction fees of approximately Kshs. 10,000,000 for representing the Applicant before the National Environment Tribunal in proceedings concerning non-compliance with restoration orders. The Applicant contended the award was manifestly excessive and that the value of the subject matter (a fine range under Section 143 of EMCA) was ascertainable from the pleadings, whereas the Respondent maintained the value was not ascertainable and the taxing officer properly exercised discretion under Paragraph 3, Schedule 11 of the Advocates Remuneration Order based on the matter's complexity, importance and time expended. T. Murigi, J applied the principles in Premchand Raichand and Kipkorir Titoo & Kiara, holding that a court interferes with a taxing officer's discretion only on an error of principle or where the award is so excessive as to cause injustice. The court found the Applicant had failed to produce the pleadings said to disclose the subject matter value, and held the Respondent entitled to its fees once instructed. The application was dismissed with costs to the Respondent on 20th June 2025.

Key legal issues

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01

Whether the taxing officer erred in principle in awarding instruction fees of Kshs. 10,000,000

Holding

No error of principle was established; the taxing officer properly exercised discretion under Paragraph 3, Schedule 11 of the Advocates Remuneration Order where the value of the subject matter was not ascertainable

Reasoning

The court restated the principles in Premchand Raichand and Kipkorir Titoo & Kiara: interference is warranted only on an error of principle or where the award is so excessive as to amount to injustice. The Applicant alleged the subject matter value was ascertainable from the pleadings but did not place those pleadings before the court, so the claim of manifest excess was unsupported and the discretion exercised on complexity, time and importance could not be disturbed.

p. 5
02

Whether the value of the subject matter was ascertainable from the pleadings

Holding

The Applicant failed to prove this; no pleadings were produced before the court to aid in ascertaining the value

Reasoning

The Applicant contended the instruction fee should have been pegged to the value of the subject matter, being a fine range of not less than two million and not more than four million shillings under Section 143 of EMCA. However, despite averring in affidavit and submissions that the value was ascertainable from the pleadings, the Applicant did not adduce the pleadings as evidence, leaving nothing upon which the court could determine the alleged value.

p. 5

Legal principles established

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  • On a reference from taxation, the judge will not interfere with the taxing officer's discretionary decision unless it is shown that the taxing officer erred in principle, an example being costs so manifestly excessive as to justify an inference of erroneous principles
  • An advocate is entitled to fees once instructed, retained or employed by a client

Court orders

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  1. 1.The application dated 7th February 2025 is dismissed
  2. 2.Costs of the application awarded to the Respondent
Jurisdiction invoked
Reference from the decision of the Taxing Officer (Hon. Emmanuel Mumia, Chairperson) 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, "Abdullahi Gitari & Odhiambo Advocates LLP v County Government of Wajir (Environment & Land Miscellaneous Case E028 of 2025) [2025] KEELC 4800 (KLR)", Case Analysis (2025). Chamber Summons dated 7th February 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4800/eng@2025-06-20

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