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ELCAllowedChamber Summons dated 16th December 2024· [2026] KEELC 907 (KLR)

Kilundo v Ndiso (Environment and Land Miscellaneous Application E014 of 2024) [2026] KEELC 907 (KLR)

High Court of Kenya
19 February 2026
EOE. O. Obaga
621 words in judgment
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The bottom line

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Kenya's High Court cut inflated legal fees, ruling that court-awarded advocates' fees must follow the Remuneration Order based on the value shown in the pleadings.

What this practically means

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Executive summary

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This ruling by Hon. E. O. Obaga, Judge, determines a Chamber Summons dated 16th December 2024 seeking to vary or vacate the decision of taxing officer Hon. Jepkosgei Elizabeth Kemei delivered on 2nd December 2024, and to remit the bill of costs dated 27th November 2023 for retaxation before a different taxing officer. The Applicant, who had filed originating summons seeking removal of a caution registered against title number Konza South/Konza South Block 5 (Konza) 2592 measuring two acres, contended that the taxing officer's award of instruction fees at Kshs.250,000 was excessive and that she ignored the value of the subject matter clearly indicated in the pleadings. The Respondent opposed, arguing the taxing officer exercised her discretion properly. The court framed a single issue: whether the Applicant demonstrated grounds warranting interference with the taxing officer's discretion. Relying on the Court of Appeal decision in Joreth Ltd v Kigano & Associates on determining the value of subject matter from the pleadings, the court noted the property had been sold to Pistis Destiny Limited for Kshs.2,170,000, a value ascertainable from the pleadings, and that schedule six of the Advocates Remuneration (Amendment Order) 2014 prescribed instruction fees of Kshs.98,400. Since the suit was compromised without a hearing, the court found the taxing master committed an error of principle by awarding excessive instruction fees. The court set aside the ruling on instruction fees and getting up fees, remitted the bill for taxation before a different taxing officer in compliance with the Remuneration Order based on the value shown in the pleadings, and awarded the Applicant the costs of the reference.

Key legal issues

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01

Whether the taxing officer erred in principle in awarding instruction fees of Kshs.250,000

Holding

The taxing master committed an error of principle by awarding excessive instruction fees where the value of the subject matter was ascertainable from the pleadings

Reasoning

The suit concerned removal of a caution over title Konza South/Konza South Block 5 (Konza) 2592, sold for Kshs.2,170,000, a value ascertainable from the pleadings under annexture WNK 4. Schedule six of the Advocates Remuneration (Amendment Order) 2014 prescribed instruction fees of Kshs.98,400. The suit was compromised without a hearing, so the higher fee awarded was excessive and constituted an error of principle warranting interference.

p. 2

Legal principles established

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  • The value of the subject matter for taxation purposes is determined from the pleadings, judgment or settlement; if not ascertainable, the taxing officer may exercise discretion.

Court orders

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  1. 1.Set aside the ruling of Hon. Elizabeth Kemei on instruction fees and getting up fees
  2. 2.Remit the bill of costs to be taxed by another taxing officer other than Hon. Elizabeth Kemei strictly in compliance with the Remuneration Order based on the value as shown in the pleadings
  3. 3.Applicant to have the costs of the reference
On appeal from
Taxing Officer (Hon. Jepkosgei Elizabeth Kemei)
Bill of Costs dated 27th November 2023
Jurisdiction invoked
Reference against a taxing officer's decision under 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, "Kilundo v Ndiso (Environment and Land Miscellaneous Application E014 of 2024) [2026] KEELC 907 (KLR)", Case Analysis (2026). Chamber Summons dated 16th December 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/907/eng@2026-02-19

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