Isabirye v Lakeview Development Limited & another (Environment and Land Miscellaneous Case E304 of 2024) [2026] KEELC 1166 (KLR)
The bottom line
#A Kshs.40 million costs challenge failed because the application was filed in the wrong court file, costing the applicant another Kshs.100,000.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction over the applicant's application challenging the taxation/assessment of costs
The court found it has jurisdiction under Section 12 of the ELC Act to review a decision of the deputy registrar on matters relating to the court's judicial functions; the respondents' objection on this limb failed.
The respondents argued that assessment of costs is unrelated to title, use and occupation of land and lies outside Article 162(2)(b) and Section 13 of the ELC Act. The court held that review of a decision by the deputy registrar is a matter within the powers of the court under Section 12 of the ELC Act, which permits any person aggrieved by a decision of the registrar to apply for review by a judge, who may confirm, modify or reverse it. The objection was therefore described as a futile endeavour.
Whether the chamber summons was improperly filed as a miscellaneous application outside the substantive suit
Yes. The reference ought to have been filed within the original suit ELCC E064/2020; filed as a miscellaneous application it was misplaced and was struck out.
The court agreed with the respondents that a reference seeking review of a taxing officer's decision must be filed in the file containing the substantive pleadings, because the court cannot retax a bill without examining the primary documents and pleadings underlying the bill of costs. It relied on Mwirebua v Mutonga, Scope Telematics International Sales Limited v Stoic Company Limited, and Mumo Matemu v Trusted Society of Human Rights Alliance to hold that prescribed procedures must be strictly followed and that Article 159 does not cure procedural indiscretions.
Legal principles established
#- A reference seeking review of a taxing officer's decision ought to be filed within the substantive suit, not as a miscellaneous application, because retaxation requires examination of the primary documents and pleadings.
- Where a clear procedure for redress of a grievance is prescribed by the Constitution or statute, that procedure must be strictly followed, and Article 159 cannot be used to cure procedural indiscretions.
- A judge of the Environment and Land Court has power, under Section 12 of the ELC Act, to confirm, modify or reverse a decision of the registrar on matters relating to the judicial functions of the court.
Court orders
#- 1.The respondents' preliminary objections dated 14th November, 2025 and 11th November, 2025 are upheld
- 2.The chamber summons dated 20th December, 2024 is struck out
- 3.Costs of the preliminary objections assessed at Kshs.50,000/- each, totalling Kshs.100,000/-, awarded to the respondents
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Sections 12 and 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isabirye v Lakeview Development Limited & another (Environment and Land Miscellaneous Case E304 of 2024) [2026] KEELC 1166 (KLR)", Case Analysis (2026). Not stated (arising out of Milimani Environment And Land Court ELCC E064/2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1166/eng@2026-03-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.