Njoroge trading as M/S Agnes W Njoroge & Co Advocates v Mwicigi (Environment and Land Miscellaneous Case E249 of 2024) [2025] KEELC 8659 (KLR)
The bottom line
#A Kenyan court confirmed that advocates challenging a taxing officer's fee award must prove a real error of principle, not just claim the award is too low.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxing officer erred in principle in taxing instruction fees without considering the valuation report
No error of principle established. The valuation report was annexed to the bill of costs and not a pleading or evidence in the appeal, so the taxing master was not obliged to base instruction fees on it.
The court observed that the appeal in Civil Appeal No. 410 of 2018 was canvassed by written submissions, so the taxing master applied his mind in arriving at the figure. The valuation report dated 3rd December, 2019 was only attached to the bill of costs, not tendered during the hearing of the appeal, and thus could not ground a higher instruction fee.
Whether the court should interfere with the taxing officer's discretionary assessment of costs
Interference is warranted only where the taxing officer misdirected himself on principle or the quantum is manifestly extravagant; neither was shown.
The court adopted the Premchand Raichand principles: value of subject matter must be considered, discretion exercised judicially, and no reference allowed unless a breach of principle is demonstrated or the quantum is manifestly extravagant so that misdirection may be inferred. The applicant only asserted the award was low without identifying an error.
Legal principles established
#- A reference against a taxing officer's decision cannot succeed merely on the ground that the quantum was low; the applicant must demonstrate an error of principle
- Where the subject matter's value is not substantiated by evidence tendered, the taxing officer properly exercises discretion in awarding instruction fees
Court orders
#- 1.The chamber summons dated 20th May, 2025 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Rule 11 of the Advocates Remuneration Order, 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge trading as M/S Agnes W Njoroge & Co Advocates v Mwicigi (Environment and Land Miscellaneous Case E249 of 2024) [2025] KEELC 8659 (KLR)", Case Analysis (2025). ELCL Misc No. E249 of 2024 (Reference from Taxing Master's Ruling dated 8th May, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8659/eng@2025-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.