Kazungu v Tindika t/a Tindika & Company Advocates (Environment and Land Miscellaneous Application E004 of 2025) [2025] KEELC 6111 (KLR)
The bottom line
#A Kenyan court confirmed that you cannot use a bill of costs dispute to allege forgery, and the advocate's Kshs 2.4 million fee stood.
What this practically means
#Executive summary
#Key legal issues
#Whether allegations of forgery can be determined on a taxation reference
No; dismissed summarily as an improper forum
The court held that a taxation reference deals with the propriety of the taxing master's assessment, not contested factual disputes such as forgery, which require viva voce evidence and cannot be resolved on affidavit material within the reference.
Whether the instruction fee of Kshs 2,400,000/- was justified
Yes; the value of the land (Kshs 170,000,000/-) was expressly stated in the documents before the taxing master, so the fee was properly assessed
The commission agreement dated 19th January 2017, executed by the applicant and co-owner, expressly stated the sale value. An unexecuted sale agreement and submissions confirmed the value. The applicant's contention of a lower value (Kshs 80,000,000/-) and subdivision was unsupported by documents, and the taxing master correctly confined herself to the documents filed; a valuation report was therefore unnecessary.
Whether the respondent acted without instructions in ELC No. 77 of 2016 and ELC Misc. No. 49 of 2016
The applicant did not disprove instructions, and no items relating to those cases were challenged in the reference
A consent dated 20th January 2021 authorising the respondent's firm to take over the case, a notice of change of advocates, a replying affidavit drawn by the firm, and later submissions demonstrated participation as advocate. Moreover, no bill items relating to those two cases were challenged, so the allegation could not succeed in the reference.
Legal principles established
#- Allegations of forgery cannot be determined in a taxation reference, as they require a trial and cannot be tried by affidavit.
- Even a single item of a bill of costs can found a taxation reference.
Court orders
#- 1.Dismissal of all allegations of forgery on a summary basis as not triable in a taxation reference
- 2.Dismissal in its entirety of the reference brought by way of the Chamber Summons dated 17th February 2025
- Jurisdiction invoked
- Taxation reference against a taxing master's ruling (advocate-client bill of costs)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kazungu v Tindika t/a Tindika & Company Advocates (Environment and Land Miscellaneous Application E004 of 2025) [2025] KEELC 6111 (KLR)", Case Analysis (2025). Malindi Miscellaneous Number E47 of 2024 (Reference). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6111/eng@2025-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.