Ogone v Oduor (Suing on Behalf of the Estate of Charles Evans Omondi - Deceased) (Miscellaneous Application E008 of 2025) [2026] KEELC 237 (KLR)
The bottom line
#Kenya's High Court ruled advocates must charge at least Kshs 75,000 for miscellaneous applications, and that 14-day cost objection deadlines run from the taxing master's reasons letter.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Reference was filed out of time
- 2.Whether the taxing master erred in law and in principle in taxing item No.1 of the Party and Party Bill of Costs (instructions fees)
Key legal issues
#Whether the reference was filed out of time under Rule 11(2) of the Advocates Remuneration Order
The reference was filed within time, as the 14-day period ran from the date of the taxing master's letter stating the reasons were contained in the ruling.
The court read Rule 11 and found nothing in the provision prohibiting a dissatisfied party from requesting reasons for the taxation from the taxing master. There is no express provision that where reasons are contained in the ruling, the reference must be filed within 14 days from the date of the ruling itself. Accordingly, where reasons are supplied by letter pointing to the ruling, time runs from that letter, and the reference filed 20th February 2025 was within time.
Whether the taxing master erred in principle in awarding Kshs 30,000/= as instructions fees under item 1 of the Bill
Yes. A miscellaneous application is a complete action falling under 'other matters' in Schedule 6, carrying a minimum of Kshs 75,000/= for defended actions; awarding Kshs 30,000/= was unsupported by the Remuneration Order and constituted an error in principle (undercutting).
The court distinguished applications in actions commenced by plaint, Originating Summons or Petition from miscellaneous applications, holding the latter are complete actions in themselves and cannot be charged as interlocutory applications in an existing action. Since no express provision prescribes instructions fees for miscellaneous applications, they fall under 'other matters', where the minimum for defended proceedings is Kshs 75,000/=. The award of Kshs 30,000/= was therefore not supported by the Remuneration Order and amounted to an error in principle justifying the court's interference on the reference.
Legal principles established
#- A reference under Rule 11 of the Advocates Remuneration Order filed within 14 days from the date of the taxing master's letter informing the dissatisfied party that the reasons for the decision are contained in the ruling is filed within time.
- A miscellaneous application is a complete action in itself and falls under 'other matters' in Schedule 6 of the Advocates Remuneration Order, for which the minimum fee for defended actions is Kshs 75,000/=.
Court orders
#- 1.The taxation in respect of item 1 of the Bill of Costs is set aside
- 2.Item 1 of the Party and Party Bill of Costs is substituted with an award of Kshs 75,000/= as provided by the Remuneration Order
- 3.The rest of the Bill remains as taxed by the taxing master
- 4.The Reference is allowed
- 5.Each party to bear own costs of the Reference
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Reference under Rule 11 of the Advocates Remuneration Order
Relief refused
#Remittal of the Bill of Costs to a different taxing officer for re-taxation
The court instead substituted the award for item 1 itself, as only one item was contested
Costs
Each party to bear own costs of the Reference
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I find that a reference filed within 14 days from the date of the taxing master’s letter informing the dissatisfied party that the reasons for the decision are contained in the ruling, to have been filed within time.
Miscellaneous application is one of those actions not provided for expressly in the Remuneration Order and which therefore falls under “Other matters” for which the minimum fee provided for defended actions is Kshs 75, 000/=
For the foregoing reasons, the court hereby sets aside the taxation in respect of item 1 of the Bill of Costs and since it is only one item contested, the court hereby substitutes the taxation of item 1 of the Party and Party Bill of Costs with an award of Kshs 75,000/= provided by the Remuneration Order.
The Reference is allowed. Each party to bear own costs thereof. Orders accordingly.
Issues in the judgment
#Paragraph numbering is duplicated - two consecutive paragraphs are both numbered 18.
The judgment states 'Two issues for determination' but only lists one issue in the numbered list under that heading; the second issue is addressed later in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogone v Oduor (Suing on Behalf of the Estate of Charles Evans Omondi - Deceased) (Miscellaneous Application E008 of 2025) [2026] KEELC 237 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/237/eng@2026-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.