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Case Brief · caselaw.co.ke
ELCPartially AllowedChamber Summons dated 12th August 2024

JM Njenga & Co. Advocates LLP v Kimuri Housing Company Ltd (Environment and Land Miscellaneous Case E075 of 2024) [2025] KEELC 5938 (KLR)

Environment and Land Court
14 August 2025
1,213 words in judgment
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The bottom line

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Kenya's Environment and Land Court ordered four items of an advocate's bill of costs re-taxed before a different taxing master because the original ruling left key items unaddressed.

What this practically means

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Executive summary

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This was a reference under Paragraph 11(2) of the Advocates Remuneration Order by the advocate/applicant, aggrieved by a taxing master's taxation of a bill of costs at Kshs.2,099,169.98, delivered on 26th July 2024. The applicant sought review and setting aside of the taxation orders in respect of items 1, 2, 171 and 197, and re-taxation before a fresh taxing master. The application was unopposed. The applicant contended that the bill related to two distinct consolidated matters, ELC 528 of 2014 and ELC 592 of 2014, entitling her to two instruction fees; that the taxing master failed to address item 2 at all (in which Kshs.16,700,000 was sought based on the estimated value of the suit property); that item 171 should have been one-third of the amounts allowed under items 1 and 2; and that the taxing master gave no satisfactory reasons for refusing item 197. The court adopted the principles in Premchand Raichand Ltd v Quarry Services of East Africa Ltd on when a court may interfere with a taxing officer's discretion. Examining the impugned ruling, the court found that although the taxing officer acknowledged the two consolidated files, only item 1 was taxed and she was silent on item 2, with a ripple effect on items 171 and 197. Finding merit in the application in terms of prayer 1, the court referred items 1, 2, 171 and 197 back for re-taxation before a different taxing master and made no orders as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the taxing officer fell into error in terms of items 1, 2, 171 and 197 as contained in the Bill of Costs

Key legal issues

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01

Whether the taxing officer erred in principle in taxing items 1, 2, 171 and 197 of the bill of costs

Holding

Yes - the taxing officer taxed only item 1, was silent on item 2, and this silence had a ripple effect on items 171 and 197, warranting reference back for re-taxation

Reasoning

The court applied the established Premchand Raichand principles governing interference with a taxing officer's discretion. Examining the impugned ruling, the court noted that although the taxing officer acknowledged two consolidated files, only item 1 was taxed and the ruling was silent on item 2 (a claimed instruction fee of Kshs.16,700,000 based on estimated suit property value), which affected the consequential items 171 and 197. In the interest of justice, re-taxation before a different taxing master was warranted.

p. 3

Legal principles established

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  • A reference against a taxing officer's decision may only be allowed where the applicant demonstrates that the taxation principles were breached, or that the assessment is manifestly extravagant such that a misdirection of principle may be inferred

Court orders

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  1. 1.The taxation orders dated 15th July 2024, delivered on 26th July 2024, be reviewed and the matter referred back for re-taxation of items 1, 2, 171 and 197 before a different taxing master
  2. 2.No orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Paragraph 11(2) of the Advocates Remuneration Order

Relief refused

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Costs of the application

The court made no orders as to costs

p. 3

Costs

No orders as to costs; each party to bear own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the interest of justice, it is only fair that the matter is referred back for re-taxation of items 1, 2, 171 and 197 before a difierent taxing master.
p. 3disposition - reference back for re-taxation
if the quantum of an assessment is manifestly extravagant, a misdirection of principle may be a necessary inference.
p. 3principles for interference with a taxing officer's decision

Issues in the judgment

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minor

The client/respondent is never named in the judgment; parties are referred to only generically

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, "JM Njenga & Co. Advocates LLP v Kimuri Housing Company Ltd (Environment and Land Miscellaneous Case E075 of 2024) [2025] KEELC 5938 (KLR)", Case Analysis (2025). Chamber Summons dated 12th August 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5938/eng@2025-08-14

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