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ELCPartially Allowed· [2025] KEELC 8590 (KLR)

Maengwe t/a GM Maengwe & Company Limited v Mokal Investments Limited (Environment and Land Miscellaneous Application E007 of 2023) [2025] KEELC 8590 (KLR)

Not expressly stated; judgment delivered at Kericho (references suggest Environment and Land Court, Kericho)
4 December 2025
3,777 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kericho court threw out a Kshs 2 million legal fees ruling because the Taxing Officer used the wrong fee schedule for a magistrates' court case.

What this practically means

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Executive summary

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This ruling by L. A. Omollo, J at Kericho determines a reference by the client, Mokal Investments Limited, seeking to set aside a Taxing Officer's decision of 7th November 2023 that taxed the advocate's advocate-client bill of costs at Kshs 2,026,700/=. The client argued the Taxing Officer erred in principle by applying Schedule 6 of the Advocates Remuneration Order 2014 (High Court matters) instead of Schedule 7 (magistrates' court matters), wrongly found the matter novel and complex, ignored a Kshs 50,000/= payment, awarded getting-up fees with no provision for subordinate court matters, and that the bill was improperly commenced contrary to Paragraph 13. The advocate countered that Schedule 6 was properly applied, the bill was properly filed in a miscellaneous cause, and that a judge should not disturb a Taxing Officer's judicious discretion. The court framed two issues: whether the taxation decision should be set aside, and costs. It first held the advocate complied with Paragraph 13(3) by filing the bill in a miscellaneous cause. It then found that since the underlying suit was filed in the Kericho Chief Magistrate's Court, Schedule 7 was the applicable schedule, and taxation under Schedule 6 was an error of principle requiring the entire decision to be set aside. The reference was allowed: the taxation ruling of 7th November 2023 was set aside and the bill remitted for fresh taxation before a different Taxing Officer, with costs of the reference to the client/applicant. Judgment dated 4th December 2025.

Key legal issues

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01

Whether the Taxing Officer relied on the wrong schedule of the Advocates Remuneration Order

Holding

Yes - the suit was filed in the Chief Magistrate's Court, so Schedule 7 applied; taxation under Schedule 6 was an error of principle

Reasoning

It was undisputed that the advocate acted for the client in Kericho CM ELC Case No. E064 of 2022, filed before the Kericho Chief Magistrate's Court. The Taxing Officer taxed under Schedule 6, which covers High Court matters. The applicable schedule was Schedule 7, covering subordinate court proceedings. Reliance on the wrong schedule is an error of principle, and once found, the entire decision must be set aside.

p. 8
02

Whether the bill of costs was improperly commenced in breach of Paragraph 13 of the Advocates Remuneration Order

Holding

No - the advocate complied by filing the bill of costs in a miscellaneous cause

Reasoning

The court perused the record and found the advocate commenced proceedings by filing the bill of costs dated 13th February, 2023, which was then taxed. Consistent with Paragraph 13(3) and the authorities (Evans Thiga Gaturu; Chairman CDF Suna East), filing the bill in a miscellaneous cause satisfies the provision. The contention of improper commencement therefore failed.

p. 8

Legal principles established

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  • A Judge will not normally interfere with a Taxing Officer's exercise of discretion unless the Taxing Officer erred in principle in assessing the costs
  • Failure to ascertain or correctly ascribe the value of the subject matter, or basing instruction fees on wrong principles, is an error of principle warranting interference
  • An advocate-client bill of costs must be filed in a miscellaneous cause under Paragraph 13(3) of the Advocates Remuneration Order

Court orders

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  1. 1.The Respondent/Applicant's application dated 16th May, 2024 is allowed
  2. 2.The Taxing Officer's decision delivered on 7th November, 2023 is set aside
  3. 3.The Bill of Costs dated 13th February, 2023 is remitted for fresh taxation before a different Taxing Officer
  4. 4.The Respondent/Applicant shall have costs of the reference

Authorities

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Legislation

  • Advocates Remuneration OrderOrder 11(sic); Paragraph 11; Paragraph 13; Paragraph 13(3); Paragraph 21; Schedule 6; Schedule 7; Schedule 7A(2)
  • Advocates Remuneration (Amendment) Order 2014Schedule 6; Schedule 7
  • Advocates ActSection 51(2) (cited within Meir Mizrahi quote)
  • Civil Procedure ActSection 2

Cases cited (13)

  • Kipkorir, Tito & Kiara Advocates v Deposit Protection Fund Board
    [2005] eKLR
  • M/S Lubuleliah & Associates Advocates vs N.K Brothers Limited
    [2014] eKLR
  • Benard Gichobi Njira vs Kamuru Njira Kathendu & another
    [2015] eKLR
  • Kagwimi Kang'ethe & Company Advocates v O'Lerai Nurseries Limited
    [2009] eKLR
  • Chairman Constituency Development Fund Suna East Constituency (CDF) & another v Jambo Construction Limited
    [2022] KEHC 1092 (KLR)
  • Mereka & Company Advocates vs Zakhem Construction (Kenya)
    [2014] eKLR
  • Peter Muthoka and another v Ochieng and 3 Others
    NRB CA Civil Appeal No. 328 of 2017 [2019] eKLR
  • Kamunyori & Company Advocates v Development Bank of Kenya Limited
    [2015] Civil Appeal 206 of 2006
  • Evans Thiga Gaturu, Advocate V Kenya Commercial Bank Limited
    [2012] KEHC 4274 (KLR)
  • Meir Mizrahi & another v Nairobi City Council & 2 others
    [2014] eKLR
  • Premchand Raichand & Another v Quarry Services E.A Ltd & Others
    (1972) E.A
  • Elijah Ireri t/a Ireri & Company Advocates v County Government of Embu
    [2021] KEHC 2460 (KLR)
  • Uganda Commercial Bank Vs. Akamba (U) Limited
    Kampala HCCS No. 592 of 1992
Jurisdiction invoked
Paragraph 11 of the Advocates Remuneration Order (reference from a Taxing Officer's decision to a Judge)

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, "Maengwe t/a GM Maengwe & Company Limited v Mokal Investments Limited (Environment and Land Miscellaneous Application E007 of 2023) [2025] KEELC 8590 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8590/eng@2025-12-04

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