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ELCPartially AllowedNot stated in judgment· [2025] KEELC 5764 (KLR)

Menjo v Mokoosio & another (Environment and Land Case E075 of 2021) [2025] KEELC 5764 (KLR)

Environment and Land Court
31 July 2025
4,555 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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A Kenyan court threw out a legal fee ruling because the Taxing Master set the case value at Ksh.20 million without explaining how she got that figure.

What this practically means

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Executive summary

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This judgment of the Environment and Land Court at Kajiado (M.D. Mwangi J) determined two applications by the Plaintiff, Rehema Chepkemboi Menjo. First, a Chamber Summons under Section 51(2) of the Advocates Act and Rule 11 of the Advocates Remuneration Order sought to set aside the Taxing Master's Ruling of 10th July, 2024 (Hon. Jane Kamau, Deputy Registrar), which taxed the Defendants' party and party Bills of Costs at Ksh.750,165, and to have the bills remitted to a different Taxing Officer. Secondly, a Notice of Motion under Section 80 of the Civil Procedure Act and Order 45 sought review of orders of 9th December, 2024 directing the Plaintiff to pay Ksh.375,000 to the Defendants as a condition for stay of warrants of attachment. The Defendants opposed both, arguing the taxation applied Schedule 6A Paragraph 1(a) of the Advocates Remuneration Order 2014 and that the review application was an attempt to make the court sit on appeal over its own orders. The court framed two issues: whether the Taxing Master properly exercised her discretion, and whether the threshold for review was met. Applying Joreth Limited v Kigano & Associates, Peter Muthoka v Ochieng, Kamunyori & Company Advocates and the Supreme Court's decision in Kenya Airports Authority v Otieno Ragot, the court held the Taxing Master erred in principle by valuing the subject matter at Ksh.20 million without explaining the basis, where there was no judgment, settlement or value ascertainable from the pleadings. The ruling of 10th July, 2024 was set aside and the bills remitted for fresh taxation before a Taxing Officer other than Hon. Jane Kamau. The review application was rendered moot. Each party was ordered to bear its own costs.

Key legal issues

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01

Whether the Taxing Master erred in principle in determining the value of the subject matter

Holding

Yes - the Taxing Master valued the subject matter at Ksh.20 million without explaining the basis, where there was no judgment, settlement, or ascertainable value from the pleadings

Reasoning

The court reviewed authorities including Joreth Limited v Kigano & Associates, Peter Muthoka v Ochieng and the Supreme Court's decision in Kenya Airports Authority v Otieno Ragot & Company Advocates, which require the value of the subject matter to be ascertained from the pleadings, judgment or settlement. Here the suit was withdrawn before hearing, no defence was filed and no settlement existed, so the Taxing Master had no statutory starting point and failed to explain how she arrived at Ksh.20 million. That was an error of principle warranting interference.

p. 7
02

Whether the Plaintiff met the threshold for review of the orders of 9th December, 2024

Holding

The review application became moot once the Taxing Master's ruling was set aside

Reasoning

The Notice of Motion under Section 80 of the Civil Procedure Act and Order 45 sought review of stay conditions requiring payment of Ksh.375,000 to the Respondents. Since the court set aside the entire ruling of 10th July, 2024 on which the stay conditions were premised, there was nothing left to review, and the application was rendered moot.

p. 9

Legal principles established

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  • A Judge will not interfere with a Taxing Officer's decision unless it is based on an error of principle, or the sum awarded is so manifestly excessive as to justify an inference of error of principle
  • The value of the subject matter for taxation of instruction fees must be determined from the pleadings, judgment or settlement; only where these are not ascertainable may the Taxing Officer exercise discretion

Court orders

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  1. 1.Taxing Officer Ruling dated 10th July, 2024 in respect of the Defendants/Respondents party and party Bills of Costs dated 2nd March, 2023 is hereby set aside
  2. 2.The Bills of Costs to be retaxed afresh by another Taxing Officer other than Hon. Jane Kamau
  3. 3.Each party to bear its own costs
Jurisdiction invoked
Section 51(2) of the Advocates Act, Rule 11 of the Advocates Remuneration Order (reference against Taxing Master's ruling); Section 80 Civil Procedure Act and Order 45 Civil Procedure Rules (review)

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, "Menjo v Mokoosio & another (Environment and Land Case E075 of 2021) [2025] KEELC 5764 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5764/eng@2025-07-31

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