Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedChamber Summons dated 14th January 2025 (arising from Kajiado ELC Case No. 89 of 2019: Michael Peroh v Ishmael Moshi Peroh & 3 Others)· [2025] KEELC 8039 (KLR)

Peroh v Peroh & 3 others (Environment and Land Case 89 of 2019) [2025] KEELC 8039 (KLR)

Environment and Land Court
13 November 2025
2,525 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court upheld a Kshs 800,000 instruction fee, confirming courts rarely disturb a Taxing Officer's decision absent a clear error of principle.

What this practically means

#

Executive summary

#
This is a Reference under Rule 11(2) of the Advocates (Remuneration) (Amendment) Order, 2014 seeking to set aside a Taxing Officer's ruling of 9th December 2024, which allowed the Applicants' Party and Party Bill of Costs at Kshs 1,236,042.38 out of a claimed Kshs 9,693,751.68. The Bill arose from costs awarded to the Defendants after the dismissal of Michael Peroh's suit (Kajiado ELC Case No. 89 of 2019) concerning Plot No. 65/Residential, Ongata Rongai. The Applicants contended the Taxing Officer erred in principle by undervaluing the instruction fee (awarding Kshs 800,000 against a claim of Kshs 3,729,619.04), ignoring an alleged subject-matter value of Kshs 40,625,342, and taxing off items for affidavits of service, copying charges and attendances. The Respondent opposed, arguing the judgment assigned no ascertainable value to the property, no valuation report was filed, and the Taxing Officer properly exercised her discretion. The court framed a single issue: whether sufficient grounds existed to interfere with the Taxing Officer's discretion. Applying Joreth Limited v Kigano & Associates, Peter Muthoka v Ochieng and the Supreme Court's decision in Kenya Airports Authority v Otieno Ragot, the court held that where the subject-matter value is not ascertainable from pleadings, judgment or settlement, the Taxing Officer may assess a just fee. Finding each disputed award consistent with the Schedule 6 scale rates and no error of principle, the court upheld the taxation and dismissed the Reference with costs to the Respondents.

Key legal issues

#
01

Whether the Taxing Officer erred in principle in assessing the instruction fee without recourse to the alleged value of the subject matter

Holding

No error of principle; the value of the subject matter was not ascertainable from the pleadings or judgment, so the Taxing Officer properly exercised discretion under Schedule 6A(1)(b) and awarded Kshs 800,000/=.

Reasoning

Following Joreth Limited v Kigano & Associates and Peter Muthoka v Ochieng, as endorsed by the Supreme Court in Kenya Airports Authority v Otieno Ragot, the value of the subject matter must be ascertained from the pleadings, judgment or settlement. The judgment of 28th November 2023 attributed no pecuniary value to the suit property, and no valuation report was tendered. The Taxing Officer therefore rightly assessed the fee based on complexity, volume of work and duration (2019–2024). The claimed Kshs 40,625,342 investment figure was unsupported.

02

Whether the awards on getting-up fees, affidavits of service, copying charges, list of documents and court attendances disclosed misdirection

Holding

Each award matched the applicable scale rates in Schedule 6 of the Advocates (Remuneration) Order; mere disagreement with factual assessment is not an error of principle.

Reasoning

The court checked each disputed item against the schedule: getting-up fees at one-third of instruction fees met the statutory minimum; affidavits of service at Kshs 240 matched paragraph 4(g); copying at Kshs 25 per folio matched paragraph 5(a); court attendance awards were within discretion under paragraph 7(d). Quantum-based objections without demonstration of a wrong principle cannot justify interference.

p. 5

Legal principles established

#
  • A court can only interfere with a Taxing Officer's decision where there is an error of principle or where the fee awarded is manifestly excessive or low as to amount to an injustice
  • The value of the subject matter for taxation is determined from the pleadings, judgment or settlement; if not ascertainable, the Taxing Officer may use discretion to assess a just instruction fee

Court orders

#
  1. 1.The decision of the Taxing Officer of 9th December 2024 is upheld as properly arrived at within discretion and consistent with law and principle
  2. 2.The Chamber Summons Application dated 14th January 2025 is dismissed with costs to the Respondents

Authorities

#

Legislation

  • Advocates (Remuneration) (Amendment) Order, 2014Rule 11(1), Rule 11(2), Schedule 6A (1)(b), Schedule 6 paragraphs 4(g), 5(a), 7(d)
  • Civil Procedure ActSections 1A and 3A

Cases cited (5)

  • Francis Kimolo Kimatu & 59 others v Attorney General & 3 others
    [2022] KEELC 474 (KLR)
  • Republic -Vs- Ministry Of Agriculture & 20 Others Ex-Parte Muchiri W' Njuguna
    [2006] eKLR
  • Joreth Limited v Kigano & Associates
    [2002] 1 EA 92
  • Peter Muthoka & Another v Ochieng & 3 Others
    [2019] KECA 597
  • Kenya Airports Authority –vs- Otieno Ragot & Company Advocates
    Petition No. E011 of 2023
Jurisdiction invoked
Rule 11(2) of the Advocates (Remuneration) (Amendment) Order, 2014; Sections 1A and 3A of the Civil Procedure Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Peroh v Peroh & 3 others (Environment and Land Case 89 of 2019) [2025] KEELC 8039 (KLR)", Case Analysis (2025). Chamber Summons dated 14th January 2025 (arising from Kajiado ELC Case No. 89 of 2019: Michael Peroh v Ishmael Moshi Peroh & 3 Others). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8039/eng@2025-11-13

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