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ELCPartially AllowedChamber Summons dated 10th March, 2025· [2025] KEELC 5963 (KLR)

Njoroge t/a Agnes W Njoroge & Company Advocates v Mwicigi (Environment and Land Miscellaneous Application E251 of 2024) [2025] KEELC 5963 (KLR)

High Court of Kenya
28 August 2025
3,053 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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What this practically means

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Executive summary

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The Client/Applicant filed a chamber summons dated 10th March, 2025 under Sections 1A, 1B and 3A of the Civil Procedure Act and paragraph 11 of the Advocates (Remuneration) Order, seeking to set aside or vary the taxing officer's ruling of 26th February, 2025 (Hon. Vincent Kiplagat, DR) taxing the Advocate/Respondent's advocate-client bill of costs dated 12th November, 2024 at KShs. 42,617,285/- out of a claimed Kshs. 52,239,039/-. The applicant raised three principal complaints: the taxing officer wrongly used a property value of Kshs. 270,000,000/- from a valuation report instead of the Kshs. 10,000,000/- purchase price evident from the pleadings and judgment; he wrongly applied the Advocates (Remuneration) Order, 2014 to a suit filed in 2006 when the 2009 Order applied; and he failed to tax off Kshs. 680,000/- in legal fees admittedly paid. The respondent opposed, arguing the objection notice was defective and no error of principle was shown. The court, applying the Premchand Raichand principles, found errors of principle: the 2009 Order should have applied to items 1 to 71; basing instruction fees on a valuation report introduced without the client's participation was prejudicial and a joint valuation would have been fair; and the admitted Kshs. 680,000/- payment was not taxed off. The court also noted the respondent was not entitled to costs predating receipt of instructions on 22nd February, 2011 (items 139 to 143). The reference was allowed, the taxing officer's ruling set aside, the bill remitted for fresh taxation before a different taxing officer, and each party ordered to bear its own costs.

Key legal issues

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01

Applicable remuneration order for services rendered before 2014

Holding

Items 1 to 71 should have been taxed under the 2009 Remuneration Order since the suit was filed in 2006 and services were rendered before the 2014 Order came into force

Reasoning

The suit was filed in 2006 (Nairobi HCCC 872 of 2006, later ELC 177 of 2016) and services in items 1 to 71 predated the 2014 Order. Relying on Sumba and Kiambu Murutani, the court held the applicable order is the one in force when the suit was filed or instructions received. The taxing officer's use of the 2014 Order was an error of principle warranting interference.

02

Value of the subject matter for instruction fees

Holding

The value could not be taken from the judgment (claim was unliquidated), but the taxing officer erred in relying on a valuation report not procured with the client's participation

Reasoning

The court held the purchase price of Kshs. 10,000,000 in the judgment was not a fundamental issue there, and the claim was unliquidated. However, fairness required that if a valuation report was used, the client should have had an opportunity to produce her own; a joint valuation report would have been appropriate. This was an error of principle.

p. 6
03

Failure to tax off Kshs. 680,000 paid in legal fees

Holding

The taxing officer erred in failing to tax off the admitted sum of Kshs. 680,000 already paid to the advocate

Reasoning

The payment of Kshs. 680,000 was admitted in writing by the advocate in a letter dated 18th October, 2023 and was not contested, yet it was not deducted from the taxed amount. This omission was a further ground supporting interference with the ruling.

p. 5
04

Principles for interference with a taxing officer's discretion

Holding

The court applied the Premchand Raichand principles: interference requires a misdirection on principle or a manifestly extravagant assessment

Reasoning

The court recited the six principles from Premchand Raichand Ltd v Quarry Services of East Africa Ltd, including that the taxing master's discretion must be exercised judicially, the value of subject matter considered, and no reference allowed unless a breach of principle is demonstrated. Finding errors of principle, the court held it was necessary to interfere.

p. 5

Legal principles established

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  • The applicable Advocates (Remuneration) Order for ascertaining instruction fees is the one operational at the time instructions were received / suit filed
  • A court may interfere with a taxing officer's ruling where the officer erred in principle, including basing instruction fees on a valuation report introduced without the client's participation

Court orders

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  1. 1.The ruling of the taxing officer delivered on 26th February, 2025 is hereby set aside
  2. 2.The advocate-client bill of costs dated 12th November, 2024 is remitted for fresh taxation before a different taxing officer
  3. 3.Each party to bear its own costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A
  • Advocates (Remuneration) OrderParagraph 11; Schedule 6A(1)
  • Advocates (Remuneration) Order, 2014
  • Advocates (Remuneration) Order, 2009

Cases cited (14)

  • Johnson Kibunja Njoka & another v Joseph Njuguna & 2 others
    [2017] eKLR
  • Mohansons Food Distributors Ltd & another v Kenya Commercial Bank Limited & another
    [2021] eKLR
  • Del Monte Kenya Limited v Kenya National Chamber of Commerce and Industry (KNCCI) Murang'a Chapter & 2 others
    [2021] eKLR
  • Export Processing Zones Authority v Nzei & Company Advocates
    [2021] eKLR
  • Kenya Forest Service v Wanyama SC Company Advocate
    [2021] eKLR
  • Giriama Central Associates & Property Management Ltd v Baluchi & 2 others
    (Environment & Land Case 216 of 2012) [2024] KEELC 3662 (KLR) (8 May 2024) (Ruling)
  • Kibet v S.N Nyachae & Co.
    (Miscellaneous Civil Application 7 of 2018) [2023] KEHC 20961 (KLR) (27 July 2023) (Ruling)
  • Machira & Co. Advocates v Arthur K. Magugu & Another
    [2012] eKLR
  • Arthur v Nyeri Electricity Undertaking
    [1961] EA 497
  • Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board
    [2005] eKLR
  • Peter Muthoka v Ochieng & 3 Others
    [2018] eKLR
  • Premchand Raichand Ltd Another -vs- Quarry Services of East Africa Ltd and Another No. 3
    (1972) EA 162
  • N. O. Sumba & Co Advocates v Piero Cannobio
    [2017] KEHC 544 (KLR)
  • Kiambu Murutani Co. Limited v Kamindi Selfridges Supermarket
    [2021] eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and paragraph 11 of 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, "Njoroge t/a Agnes W Njoroge & Company Advocates v Mwicigi (Environment and Land Miscellaneous Application E251 of 2024) [2025] KEELC 5963 (KLR)", Case Analysis (2025). Chamber Summons dated 10th March, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5963/eng@2025-08-28

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