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ELCDismissedNot stated in the judgment (Chamber Summons Application dated 18th October, 2024)· [2025] KEELC 5303 (KLR)

Jethwa ((Suing on her own behalf and as Administrator for the Estate of Hariish Jethwa Banesingh And Mankuverba Vajesingh Jethwa)) v Makomere t/a Wambeyi Makomere & Company Advocates (Miscellaneous Application 47 of 2024) [2025] KEELC 5303 (KLR)

High Court of Kenya
16 July 2025
MOM. A. Odeny
1,950 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court dismissed a bid to set aside a taxed costs bill, confirming that you must attend taxation and prove a taxing master's error of principle.

What this practically means

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Executive summary

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This ruling of the High Court at Nakuru (M. A. Odeny, J) determined a Chamber Summons application dated 18th October 2024 by Jaswant Kuvarba B. Jethwa seeking to set aside the decision of the Taxing Master (Hon. P. Nyotah, DR) of 3rd October 2024, which taxed her Party & Party Bill of Costs dated 4th April 2024 (drawn at Kshs. 4,755,591) at Kshs. 163,275. The Applicant sought a fresh taxation or remittal to a different taxing master, contending that the bill was taxed ex parte without notice of the correct date and that instruction fees were inordinately low, items were not determined, and others were struck off for lack of proof. The Respondent, Kennedy Wambeyi Makomere Advocate, opposed, arguing the Applicant had not shown which items were undertaxed. The court restated the settled principles that a taxing officer's discretion is interfered with only on an error of principle or where the award is manifestly excessive or deficient so as to cause injustice, relying on decisions of the Supreme Court and other authorities including Joreth Limited v Kigano & Associates. The court found the Applicant was aware of the taxation dates from the registry and the CTS portal but failed to prosecute the bill, and that she had not demonstrated any error of principle. The application was dismissed with each party bearing their own costs, dated, signed and delivered at Nakuru on 16th July 2025.

Key legal issues

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Whether the court should set aside or interfere with the Taxing Master's decision

Holding

The application was dismissed because the Applicant failed to demonstrate an error of principle; she had notice of the taxation dates but did not appear to prosecute the bill

Reasoning

The court applied the settled principles in Non-Governmental Organizations Coordination Board v EG, Bank of Uganda v Banco Arabe Espanol, and Republic v Ministry of Agriculture Ex-parte Muchiri W'Njuguna: a judge interferes with a taxing officer's decision only on an error of principle or where the award is manifestly excessive or deficient so as to cause injustice. The Applicant's own affidavit showed awareness of the taxation dates from the registry and CTS portal, and she did not appear. No error of principle was demonstrated against the Joreth principles.

p. 4

Legal principles established

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  • A court will not interfere with a taxing officer's decision merely because the award is high or low; interference is only warranted where the decision is based on an error of principle amounting to an injustice

Court orders

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  1. 1.The Chamber Summons Application dated 18th October, 2024 is dismissed
  2. 2.Each party to bear their own costs
Jurisdiction invoked
Reference against a decision of the Taxing Master (Deputy Registrar) under the Advocate (Remuneration) Order; specific provision not cited

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, "Jethwa ((Suing on her own behalf and as Administrator for the Estate of Hariish Jethwa Banesingh And Mankuverba Vajesingh Jethwa)) v Makomere t/a Wambeyi Makomere & Company Advocates (Miscellaneous Application 47 of 2024) [2025] KEELC 5303 (KLR)", Case Analysis (2025). Not stated in the judgment (Chamber Summons Application dated 18th October, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5303/eng@2025-07-16

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