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ELCDismissedNot stated in the judgment· [2025] KEELC 7298 (KLR)

Gilani & 2 others v Kenya Railways Corporation & another (Environment and Land Case 302 of 2018) [2025] KEELC 7298 (KLR)

Environment and Land Court of Kenya
28 October 2025
1,526 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to reduce legal costs awarded against landowners, confirming that if a consent order doesn't mention costs, the Taxing Master decides who pays.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) determines the Applicants' Notice of Motion dated 7th March 2025, a reference seeking to set aside or vary the Taxing Master's ruling of 27th February 2025 taxing the Defendants' Party and Party Bill of Costs, alternatively to have the bill re-taxed or the amount reviewed downward to Kshs 20,000 on account of a consent said to have compromised the suit. The Applicants, through counsel Mr Opondo, argued that the Taxing Master erred in principle by ignoring the consent order, mis-assessed the instruction fee and wrongly awarded a getting-up fee. The 1st Respondent, George K. Mbiyu Advocate, maintained that taxation followed the Advocates Remuneration Order, that discretion was judiciously exercised, and that interference is impermissible absent manifest excess. Applying Joreth Ltd v Kigano & Associates and the Supreme Court's decision in Non-Governmental Organizations Coordination Board v EG & 5 others, the court reiterated that a judge on a reference may not disturb a taxing officer's award absent an error of principle or a manifestly excessive or deficient award. The court held that the consent between the parties did not address the costs of the main suit, and that a prior review application on costs had already been dismissed. The Taxing Master had exercised her discretion judiciously, taking the consent into account. The reference was dismissed as an abuse of court process, with costs to the respondents.

Key legal issues

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01

Whether the Taxing Master erred in principle in taxing the bill despite the consent between the parties

Holding

No error in principle; the Taxing Master exercised her discretion judiciously and took the consent into account

Reasoning

The court noted the parties entered a consent adopting a joint surveyor's report but the consent did not address the costs of the main suit. A prior review application on costs was dismissed. The Taxing Master therefore properly dealt with costs, taking the consent into account, and no misdirection on principle was demonstrated.

p. 4
02

Whether the court may interfere with the quantum of costs awarded by a taxing officer

Holding

Only where the taxing officer has erred on a matter of principle or the award is manifestly excessive or deficient; not merely because the judge would have awarded a different figure

Reasoning

Relying on Joreth Ltd v Kigano & Associates and the Supreme Court's decision in Non-Governmental Organizations Coordination Board v EG & 5 others, the court reiterated the established thresholds for interference with a taxing officer's discretion. The Applicants did not demonstrate any such error.

p. 3

Legal principles established

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  • A judge sitting on a reference against a taxing officer ought not to interfere with the assessment of costs unless the taxing officer misdirected himself on a matter of principle.
  • Where parties resolve a matter through a consent, they should explicitly address costs; absent such agreement, the issue of costs is left to the Taxing Master.

Court orders

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  1. 1.The Applicant's Notice of Motion application dated 7th March 2025 is dismissed with costs

Authorities

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Legislation

  • Advocates Remuneration OrderNot specified

Cases cited (12)

  • Premchand Raichand Ltd vs Quarry Services of East Africa Ltd
    [1972] E.A 162
  • Machira & Co Advocates vs Magugu
    [2000] 2EA 428
  • Kipkorir, Titoo & Kiara Advocates vs Deposit Protection Fund Board
    [2005] 1KLR 528
  • Kagwimi Kang’ethe & Co Advocates vs o-lerai Nuseries Ltd
    [2009] KEHC 2224 (KLR)
  • Morgan Air Cargo Limited vs Evrest Enterprises Limited
    [2014] KEHC 8693 (KLR)
  • Joreth Limited vs Kigano & Associates
    Civil Appeal No. 66 of 1999 [2002] eKLR
  • Royal Ngao Holdings Limited vs NK Brothers Limited
    [2023] KEHC 19428 (KLR)
  • Peter Muthoka & another vs Ochieng & 3 others
    [2019] KECA 597
  • Mbali vs Villa Care Management Limited
    [2023] KEELRC 1983 (KLR)
  • First American Bank of Kenya Limited vs Shah & Others
    [2002] EA 64
  • Arthur vs Nyeri Electricity Undertaking
    [1961] EA 497
  • Non-Governmental Organizations Coordination Board vs EG & 5 others (Petition (Application) 16 of 2019)
    [2023] KESC 102 (KLR) (Civ) (8 December 2023) (Ruling)
Jurisdiction invoked
Reference against the decision of a Taxing Master under the Advocates Remuneration Order

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Gilani & 2 others v Kenya Railways Corporation & another (Environment and Land Case 302 of 2018) [2025] KEELC 7298 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7298/eng@2025-10-28

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