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ELCPartially AllowedChamber summons dated 5th March, 2025 (Reference under Rule 11 of the Advocates (Remuneration) Order) arising from Petition herein· [2026] KEELC 194 (KLR)

Igwe General Stores Limited & 2 others v Board of Trustees, National Social Security Fund & 3 others (Environment and Land Petition E008 of 2020) [2026] KEELC 194 (KLR)

Environment and Land Court
26 January 2026
2,890 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled a taxing officer must base legal fees on the Kshs.100 million judgment value and cannot deny getting-up fees just because a case was decided on written documents.

What this practically means

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Executive summary

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This is a reference under Rule 11 of the Advocates (Remuneration) Order challenging the decision of Deputy Registrar Hon. Vincent Kiplagat delivered on 6th February 2025 taxing the 1st petitioner/applicant's party and party bill of costs dated 11th December 2023, specifically item 1(a) (instruction fees) and item 2 (getting-up fees). The applicant, through Mbugua Mureithi, argued the taxing officer misapprehended the nature of the instructions (treating them as instructions to set aside judgment rather than to prosecute the petition) and failed to use the Kshs.100,000,000/= awarded in damages as the value of the subject matter, and that getting-up fees were wrongly taxed off entirely despite the petition having been heard. The 1st respondent opposed, contending that under paragraph 1(j)(ii) of Schedule 6 the instruction fee is Kshs.100,000/= and that the award of Kshs.2,100,000/= was fair, and that getting-up fees are inapplicable where the matter was disposed of by written submissions. The court framed two issues: whether the taxing officer misapprehended taxation principles on instruction fees, and whether wholly taxing off getting-up fees was a fundamental error. Applying Premchand Raichand, Peter Muthoka, Kamunyori and Ngatia & Associates, the court held that failure to ascertain or correctly value the subject matter after judgment is an error of principle, and that getting-up fees are payable even where the hearing was by affidavit evidence. The reference was allowed: the taxation decision on items 1(a) and 2 was set aside, the bill was ordered taxed afresh by a different taxing officer, and costs were granted in the cause.

Key legal issues

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01

Whether the taxing officer erred in principle in assessing instruction fees under item 1(a)

Holding

The taxing officer erred by taking the instructions to be for setting aside judgment rather than prosecution of the petition, and by failing to use the Kshs.100,000,000/= awarded in damages as the value of the subject matter; this was an error of principle warranting setting aside the award

Reasoning

The court found it indisputable that the judgment awarded the applicant Kshs.100,000,000/= in damages, which was the correct value of the subject matter for taxation post-judgment. The taxing officer instead proceeded on the basis that instructions were to set aside judgment and that the value could not be ascertained. Citing Peter Muthoka and Kamunyori, the court held that failure to ascertain or correctly value the subject matter is an error of principle, justifying interference with the taxation of item 1(a).

p. 4
02

Whether the taxing officer erred by wholly taxing off getting-up fees under item 2

Holding

The taxing officer fundamentally erred; getting-up fees are awardable even where the hearing was by affidavit evidence and written submissions, not only where viva voce evidence is led

Reasoning

The respondent argued getting-up fees were inapplicable because the petition was disposed of by written submissions. Relying on Ngatia & Associates Advocates v Interactive Gaming & Lotteries Limited, which endorsed Nguruman Limited v Kenya Civil Aviation Authority, the court held that whether the hearing was by affidavits or viva voce evidence is immaterial to the entitlement to a getting-up fee. The court wholly associated itself with the applicant's submission that the taxation off of item 2 was a fundamental error.

p. 6

Legal principles established

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  • Failure to ascertain or correctly value the subject matter for taxation is an error of principle justifying interference with a taxing officer's decision
  • Where taxation occurs after judgment, the value adjudged by the court, not the pleadings, is the benchmark for instruction fees
  • A getting-up fee is awardable even where the case was heard by way of affidavits rather than viva voce evidence

Court orders

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  1. 1.The decision of the taxing officer/deputy registrar Hon. Vincent Kiplagat delivered on 6th February, 2025 on the taxation of the 1st petitioner/applicant's bill of party and party costs dated 11th December, 2023 particularly item 1(a) on instructions fees and item 2 on getting up fees is set aside
  2. 2.The bill of party and party costs dated 11th December 2023 shall be taxed afresh by a different deputy registrar/taxing officer other than Honourable Vincent Kiplagat
  3. 3.Costs of the application shall be in the cause

Authorities

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Legislation

  • Advocates (Remuneration) OrderRule 11
  • Advocates Remuneration Order, 2014Schedule 6 Paragraph 1(j)(ii)
  • Advocates Remuneration Order, 2014Schedule 6A Paragraph 1(j)(ii)
  • Advocates Remuneration Order, 2014Schedule 6A Paragraph 2

Cases cited (13)

  • Benson Ambuti Adega & 2 others v Kibos Sugar and Allied Industries Ltd & 4 others; Kenya Union of Sugar Plantation and Allied Workers (Interested Party)
    [2022] eKLR
  • Adega & 2 others v Kibos Sugar and Allied Industries Ltd & 4 others; Kenya Union of Sugar Plantation and Allied Workers (Interested Party)
    [2023] KEELC 21619 (KLR)
  • Jovet (Kenya) Limited v Savaria NV
    [2020] eKLR
  • Nguruman Limited v Kenya Civil Aviation Authority & 3 others
    [2014] eKLR
  • Premchand Raichand Limited v Quarry Services of East Africa Limited (No. 3)
    [1972] 1 EA 162
  • Peter Muthoka & Another v Ochieng & 3 Others
    (2019) eKLR
  • Murgor & Murgor Advocates v Kenya Airports Authority
    [2023] KEELC 18458 (KLR)
  • Kamunyori & Company Advocates v Development Bank of Kenya Limited
    [2015] eKLR
  • Elmandry and Others v. Salim
    [1956] EACA 313
  • Mombasa Cement Limited v Ministry of Lands and Physical Planning & 3 others; Vipingo Estate Limited (Interested Party)
    [2024] KEELC 3 (KLR)
  • William Kabogo Gitau v Ferdinand Ndung'u Waititu
  • Kenya Agricultural & Livestock Research Organization v Attorney General & 3 others
    [2022] KEELC 13587 (KLR)
  • Ngatia & Associates Advocates v Interactive Gaming & Lotteries Limited
    [2017] eKLR
Jurisdiction invoked
Rule 11 of the Advocates (Remuneration) Order

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, "Igwe General Stores Limited & 2 others v Board of Trustees, National Social Security Fund & 3 others (Environment and Land Petition E008 of 2020) [2026] KEELC 194 (KLR)", Case Analysis (2026). Chamber summons dated 5th March, 2025 (Reference under Rule 11 of the Advocates (Remuneration) Order) arising from Petition herein. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/194/eng@2026-01-26

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