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ELCPartially AllowedNot stated in judgment (Chamber Summons dated 9/06/2025)· [2025] KEELC 7149 (KLR)

JM Njenga & Co Advocates LLP v Kimuri Housing Company Ltd (Environment and Land Miscellaneous Application E007 of 2024) [2025] KEELC 7149 (KLR)

High Court of Kenya
13 October 2025
1,339 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 in Thika found a Taxing Officer miscalculated legal fees despite agreeing the case was worth Kshs 500 million, and ordered a fresh assessment.

What this practically means

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Executive summary

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This was an unopposed reference by an Advocate against taxation orders made on 29 May 2025 by the Deputy Registrar at Thika on an Advocate/Client Bill of Costs dated 14 February 2024, taxed at Kshs 1,351,528 with Kshs 186,354 and Kshs 62,118 allowed under items 1 (instruction fees) and 30 (getting-up fees) respectively. The Applicant contended that although the Taxing Officer correctly fixed the value of the suit property at Kshs 500,000,000, he erred in principle by failing to apply the formula under Schedule 6A(i)b in computing instruction fees, which in turn depressed the getting-up fees calculated at one-third of instruction fees. The Applicant further urged that, as this would be a second reference before the same sole Deputy Registrar at Thika, the Court should itself calculate the fees. Applying the principles in Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board and Arthur v Nyeri Electricity Undertaking, and relying on Joreth Ltd v Kigano & Associates, Peter Muthoka v Ochieng and Otieno, Ragot & Company Advocates v Kenya Airports Authority, Mogeni J held that a Taxing Officer's discretion only arises after engaging with the proper basis of the value of the subject matter as mandatorily provided, and that the Taxing Officer here failed to apply the formula despite ascertaining the value. The reference was allowed in respect of items 1 and 30, and the Bill of Costs was remitted for fresh assessment before another Taxing Officer, with costs to the Applicant.

Key legal issues

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01

Whether the Taxing Officer erred in principle in computing instruction fees (item 1) and getting-up fees (item 30) despite fixing the value of the subject matter at Kshs 500,000,000

Holding

Yes - having ascertained the value of the subject matter, the Taxing Officer was obliged to apply the statutory formula and his failure to do so was an error in principle warranting interference

Reasoning

Both the Taxing Officer and the Applicant agreed on the value of the suit property at Kshs 500,000,000. Under the governing precedents, once the value is ascertainable from the pleadings or judgment, the Taxing Officer has no discretion to disregard the statutorily commanded starting point; discretion steps in only after engagement with the proper basis. The Taxing Officer acknowledged the value yet failed to apply the formula under Schedule 6A, an error in principle affecting both instruction fees and the getting-up fees computed at one-third thereof.

Legal principles established

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  • A Judge on reference will not interfere with a Taxing Officer's discretion unless the Taxing Officer erred in principle
  • Once instruction fees in the party and party costs are ascertained, they become the basis of computation of instruction fees in the Advocate/Client bill
  • The value of the subject matter for taxation must be determined from the pleadings, judgment or settlement; discretion applies only where the value is not so ascertainable

Court orders

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  1. 1.The Bill of Costs be and is hereby remitted for fresh assessment before another Taxing Officer
  2. 2.The Reference is allowed with costs to the Applicant
Jurisdiction invoked
Reference from taxation by the Taxing Officer (review of taxation orders under the Advocates Act remuneration regime)

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 Application E007 of 2024) [2025] KEELC 7149 (KLR)", Case Analysis (2025). Not stated in judgment (Chamber Summons dated 9/06/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7149/eng@2025-10-13

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