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ELCDismissedKakamega ELC Case No. E034 of 2022 (Reference against decision of the taxing officer of 8th January 2025)· [2025] KEELC 8258 (KLR)

Vaghela v County Government of Kakamega (Miscellaneous Application E007 of 2025) [2025] KEELC 8258 (KLR)

Environment and Land Court
19 November 2025
3,699 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court dismissed an advocate's challenge to taxed costs, ruling courts won't change a taxing officer's decision without proof of a clear legal error.

What this practically means

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Executive summary

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This was an advocate's reference by chamber summons dated 21st February 2025 under section 89 of the Civil Procedure Rules and paragraphs 7 and 11 of the Advocates Remuneration Order, challenging the taxing officer's decision of 8th January 2025 taxing the applicant's bill of costs at Kshs. 343,450/= in a matter arising from the respondent's withdrawn suit (Kakamega ELC Case No. E034 of 2022) seeking forfeiture of a lease for non-development. The applicant contended that the taxing officer failed to give reasons for awarding Kshs. 300,000/= instruction fees despite a valuation report valuing the suit property at Kshs. 65 million, wrongly declined getting up fees although the suit had been confirmed for hearing, and under-awarded attendances in items 24 and 25. The respondent maintained that interference was only permissible upon demonstration of an error of principle, that value must be derived from pleadings, judgment or settlement and not a valuation report produced at taxation, that getting up fees required preparation for trial, and that the attendances were brief mentions. The court, applying First American Bank of Kenya v Shah and Joreth v Kigano, held that the value of the subject matter is ascertained only from pleadings, judgment or settlement; a valuation report produced at the tail end of litigation for taxation is evidence, not a pleading, and amounts to stealing a march on the opponent. It found no error of principle on instruction fees or attendances. On getting up fees it found the taxing officer misdirected herself by denying the fee merely because the suit did not proceed to full hearing, but still held the fee unawardable since preparation for trial was not demonstrated. The reference was dismissed with costs to the respondent.

Key legal issues

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01

Interference with taxing officer's discretion on instruction fees

Holding

No error of principle demonstrated; the award of Kshs. 300,000/= stands as the value of the subject matter was not ascertainable from pleadings, judgment or settlement and the taxing officer properly exercised her discretion.

Reasoning

The claim was for forfeiture of a lease for non-development; no value was disclosed in the pleadings or at withdrawal. The valuation report of Kshs. 65 million was produced only for taxation and was inadmissible as evidence of the value. The applicant did not plead complexity or show how the award was too low, so the discretion exercised was not vitiated.

p. 5
02

Entitlement to getting up fees (item 2)

Holding

Getting up fees was not awardable because the parties did not demonstrate that the case had been fully prepared for trial, even though it had been confirmed for hearing.

Reasoning

Schedule 6 paragraph 2(ii) requires the taxing officer to be satisfied the case was prepared for trial. The court found the taxing officer misdirected herself in denying the fees solely because the suit did not proceed to full hearing, but still concluded the fees were not awardable since compliance documents were not confirmed as filed and served and preparation for trial was not demonstrated.

p. 6
03

Awards on items 24 and 25 (attendances)

Holding

The award of Kshs. 1,900/= per attendance was proper as the events were brief mentions not exceeding half an hour.

Reasoning

The record showed the matter came up for mention on 24/11/2022 and 22/2/2023 for directions on compliance documents, exercises that could not have taken more than ten minutes. The amount awarded corresponds to attendance before the judge for half an hour or less under paragraph 7(d) of Schedule 6 of the Advocates Remuneration Order.

p. 6

Legal principles established

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  • A court will not interfere with a taxing officer's decision unless it is shown to be based on an error of principle or the fee awarded is manifestly excessive or too low as to justify an inference of error of principle.
  • The value of the subject matter for purposes of instruction fees is ascertained from the pleadings, judgment or settlement, not from evidence such as a valuation report filed at taxation.
  • A valuation report filed only at the taxation stage and not forming the basis of the parties' claim should not be applied in taxation.
  • Getting up fees is chargeable where the case has been confirmed for hearing AND the taxing officer is satisfied the case has been prepared for trial; confirmation for hearing does not equate to preparation for trial.

Court orders

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  1. 1.The reference is dismissed
  2. 2.Costs of the reference awarded to the respondent
Jurisdiction invoked
Section 89 of the Civil Procedure Rules and Paragraphs 7 and 11 of the Advocates (Remuneration) Order (reference against a taxing officer's decision)

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, "Vaghela v County Government of Kakamega (Miscellaneous Application E007 of 2025) [2025] KEELC 8258 (KLR)", Case Analysis (2025). Kakamega ELC Case No. E034 of 2022 (Reference against decision of the taxing officer of 8th January 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8258/eng@2025-11-19

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