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ELCDismissedChamber Summons Application dated 30th January 2025 (Taxation Reference)· [2025] KEELC 8296 (KLR)

Kemboy Law Advocates v Narok County Government (Environment and Land Miscellaneous Application E020 of 2023) [2025] KEELC 8296 (KLR)

Environment and Land Court of Kenya
27 November 2025
5,862 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court at Narok upheld a Ksh.2 million advocate fee award, ruling the client's challenge was filed too late on the merits and lacked any error of principle.

What this practically means

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Executive summary

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This judgment of the Environment and Land Court at Narok (L. Gacheru, J) determined a Chamber Summons reference dated 30th January 2025 by Maina Ngaruiya & Co. Advocates (Client/Applicant) seeking to set aside a ruling of the Taxing Officer, Hon. Daniel Ngayo, delivered on 21st December 2024, taxing Kemboy Law Advocates' Advocate-Client Bill of Costs dated 4th October 2023 at Ksh.2,099,075/10, and seeking re-taxation before a different taxing officer. The Advocate/Respondent filed a Preliminary Objection dated 9th May 2025 contending the reference was filed outside the 14-day timeline in Paragraph 11(2) of the Advocates (Remuneration) Order and was therefore incompetent. The court first held the objection raised a pure point of law, but found it unmerited: the applicant requested written reasons on 18th December 2024 within 14 days under Paragraph 11(1), received the certified ruling and reasons on 22nd January 2025, and filed the reference on 30th January 2025 within 14 days of receipt. On the merits, the court applied settled principles that a judge will not interfere with a taxing officer's decision absent an error of principle or manifestly excessive award. The underlying matter (Narok ELCJR No. 25 of 2017 on access to the Maasai Mara Game Reserve) was withdrawn, so the subject value was unascertainable and the taxing master's discretion was paramount; the instruction fee of Ksh.1,000,000 was found not excessive. Service items at Ksh.3,000 were justified because service in Narok fell outside the three-kilometre radius capped at Ksh.1,400. Attendance items at Ksh.15,000 were drawn to scale for physical court attendance, and the 50% increase on instruction fees was proper since party and party costs had been assessed. Both the Preliminary Objection and the reference were dismissed, with the objection costs awarded to the Client/Applicant and each party bearing its own costs of the reference.

Key legal issues

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01

Whether the Preliminary Objection raising limitation under Paragraph 11(2) of the Advocates Remuneration Order was merited

Holding

Not merited. The applicant requested reasons on 18th December 2024 within the 14-day period under Paragraph 11(1), received the certified ruling and reasons on 22nd January 2025, and filed the reference on 30th January 2025 within 14 days of receipt.

Reasoning

The court held the objection was a pure point of law capable of disposing the matter, but on the facts the 14-day period under Paragraph 11(2) runs from receipt of the taxing officer's written reasons. Since the certified copy and reasons were only supplied on 22nd January 2025, the reference filed on 30th January 2025 was within time and the applicant could not be faulted.

p. 7
02

Whether the taxing master erred in principle in taxing the instruction fees at Ksh.1,000,000

Holding

No error established. The value of the subject matter was unascertainable and the taxing master properly exercised discretion considering the nature of the matter, interest of the parties and labour required.

Reasoning

The underlying matter (Narok ELCJR No. 25 of 2017) was withdrawn after negotiations without orders as to costs, making the subject value unascertainable. Applying the settled principles, the taxing master's discretion on quantum is not lightly disturbed. The court found the instruction fee of Ksh.1,000,000 was not excessive and declined to interfere.

p. 10
03

Whether items Nos. 7, 11, 15 and 28 on service were wrongly allowed at Ksh.3,000 contrary to a Ksh.1,400 cap

Holding

No. Service outside three kilometres of the High Court is not capped at Ksh.1,400 but is computed on additional kilometres; service was in Narok while the advocate was based in Nairobi.

Reasoning

Reading Schedule 6(B) of the Advocates Remuneration Order 2014, service within three kilometres attracts Ksh.1,400, with every additional kilometre attracting a reasonable amount not exceeding Ksh.35 per kilometre. Since service upon the client was in Narok, some 150km from Nairobi, the award of Ksh.3,000 was not exorbitant.

p. 11
04

Whether items Nos. 16, 19, 21, 29, 44, 50 and 51 for hearing of applications at Ksh.15,000 were excessive

Holding

No interference warranted; the advocate attended physical court and the items were drawn to scale.

Reasoning

The court considered the attendance fees under the Advocates Remuneration Order 2014 and, given the attendance was in physical court at Narok, found the amounts were drawn to scale and declined to interfere with the award.

p. 11
05

Whether the 50% increase on instruction fees was erroneous

Holding

No. The 50% addition on instruction fees was proper since party and party costs had been assessed.

Reasoning

Relying on Dennis KN Magare & Another v Armajit Singh Gahir, 50% is added on instruction fees where party and party costs have been assessed. The impugned ruling of 18th December 2024 also assessed the Party and Party Bill of Costs, so the court would not fault the taxing officer for the additional 50%.

p. 11

Legal principles established

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  • An objector's time to file a reference under Paragraph 11(2) of the Advocates Remuneration Order runs from receipt of the written reasons/certified ruling, not from delivery of the ruling
  • Where service under Schedule 6(B) of the Advocates Remuneration Order 2014 is beyond three kilometres of the High Court, the charge is not capped at Ksh.1,400 but calculated by additional kilometres
  • Where the value of the subject matter is unascertainable, the taxing officer's discretion is paramount and a judge will not interfere merely because he disagrees with the figure
  • A judge may only interfere with a taxing officer's decision where it is based on an error of principle or where the fee awarded is so manifestly excessive as to justify an inference of an error of principle

Court orders

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  1. 1.The Preliminary Objection dated 9th May 2025 is dismissed entirely with costs to the Client/Applicant
  2. 2.The Chamber Summons Application dated 30th January 2025 (Reference) is dismissed entirely with an order that each party bear its own costs
  3. 3.Costs of the Preliminary Objection awarded to the Client/Applicant
Jurisdiction invoked
Paragraph 11 of the Advocates (Remuneration) Order 2014 - reference to a Judge 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, "Kemboy Law Advocates v Narok County Government (Environment and Land Miscellaneous Application E020 of 2023) [2025] KEELC 8296 (KLR)", Case Analysis (2025). Chamber Summons Application dated 30th January 2025 (Taxation Reference). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8296/eng@2025-11-27

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