Gilani & 2 others v Kenya Railways Corporation & another (Environment and Land Case 302 of 2018) [2025] KEELC 7298 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Taxing Master erred in principle in taxing the bill despite the consent between the parties
No error in principle; the Taxing Master exercised her discretion judiciously and took the consent into account
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.
Whether the court may interfere with the quantum of costs awarded by a taxing officer
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
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.
Legal principles established
#- 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
#- 1.The Applicant's Notice of Motion application dated 7th March 2025 is dismissed with costs
- Jurisdiction invoked
- Reference against the decision of a Taxing Master under the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Saida & another v Mwafue (Environment and Land Appeal E004 of 2023) (Environment and Land) [2026] KEELC 1124 (KLR)[2026] KEELC 1124 (KLR)26 Feb 2026applied
Cite this brief
#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.