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ELCAllowedNotice of Motion dated 9th April, 2025 arising from Makueni MC ELC E024 of 2023· [2026] KEELC 455 (KLR)

Ngungi v Maweu (Environment and Land Miscellaneous Application E012 of 2024) [2026] KEELC 455 (KLR)

Environment and Land Court
29 January 2026
EOE. O. Obaga
1,471 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Makueni court threw out a taxed legal bill of Kshs. 219,800 because the taxing officer gave no reasons, ordering fresh taxation.

What this practically means

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Executive summary

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This is a ruling by the Environment and Land Court at Makueni on a notice of motion dated 9th April, 2025 in which the Applicant sought review, setting aside and rescission of costs assessed vide a certificate of costs issued in Makueni MC ELC E024 of 2023, and substitution with a new certificate computed under the Advocates (Remuneration) Amendment Order 2014. The underlying suit over land parcel Ukia/Kilala/935 was withdrawn with costs after two interlocutory applications were dismissed with costs. The Respondent filed a party and party bill of costs of Kshs.270,700/= which was taxed at Kshs.219,800/=. The Applicant complained he was never served with notice of taxation, that no reasons were given for the taxation, and that the award was manifestly excessive given the suit's short duration before withdrawal. The Respondent maintained the taxation was fair, citing the property's value of over Kshs.5,000,000/=. The court framed a single issue: whether the Applicant demonstrated grounds for interfering with the taxing officer's discretion. Applying principles from Republic vs Competition Authority Ex-parte Ukwala Supermarkets Ltd, the court found nothing showing how the taxing officer reached Kshs.219,800/=, no breakdown of instruction fees, and no disclosure of the land's acreage. Only Kshs.50,900/= had been taxed off, leaving an amount manifestly excessive. The court allowed the application, set aside the certificate of costs in its entirety, remitted the bill for fresh taxation under Schedule 7 of the Advocates Remuneration Order 2014, and awarded the Applicant costs of the reference.

Key legal issues

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Whether the court should interfere with the taxing officer's discretion

Holding

The application was allowed because the taxation disclosed no reasons and the amount awarded after taxation was manifestly excessive, evidencing an error of principle.

Reasoning

The court restated the principles from the Ukwala Supermarkets case: interference is warranted where the decision is based on an error of principle or the fee awarded is manifestly excessive. Here the certificate gave no breakdown of how the taxing officer arrived at Kshs.219,800/= out of a bill of Kshs.270,700/=, did not indicate what was awarded under instruction fees, did not disclose the acreage or how instruction fees were assessed. The applicant was also not served with notice of taxation. The only taxed-off figure was Kshs.50,900/=, leaving an amount manifestly excessive, justifying setting aside and remittal for fresh taxation under Schedule 7 of the Advocates Remuneration Order 2014.

p. 3

Legal principles established

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  • A taxing officer's discretion can only be interfered with where an error of principle is shown, including where the amount awarded is manifestly excessive or the bill was not taxed in accordance with the law.
  • Where a certificate of costs discloses manifest excess or lack of reasons, the court will set it aside and remit the bill for fresh taxation.

Court orders

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  1. 1.The certificate of costs dated 17th July, 2024 is set aside in its entirety
  2. 2.The bill of costs dated 14th May, 2024 is remitted back for fresh taxation in accordance with schedule 7 of the Advocates Remuneration Order 2014
  3. 3.The Applicant shall have costs of this reference
Jurisdiction invoked
Inherent jurisdiction to review and set aside a certificate of costs following taxation in Makueni MC ELC E024 of 2023

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, "Ngungi v Maweu (Environment and Land Miscellaneous Application E012 of 2024) [2026] KEELC 455 (KLR)", Case Analysis (2026). Notice of Motion dated 9th April, 2025 arising from Makueni MC ELC E024 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/455/eng@2026-01-29

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