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ELCDismissedNot stated in the judgment

Kohlenberg Foundation v Langton Investments Limited & 3 others (Environment and Land Case E285 of 2024) [2026] KEELC 2197 (KLR)

High Court of Kenya
17 April 2026
2,575 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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The High Court upheld a Kshs. 900,000 fee award, ruling that courts rarely interfere with a taxing officer's decision unless a clear error of principle is proven.

What this practically means

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Executive summary

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The 1st Defendant filed a Chamber Summons dated 25/7/2025 under Rule 11(2) of the Advocates Remuneration Order, seeking to set aside the Taxing Officer's decision of 24/6/2025, by which its Bill of Costs dated 21/2/2025 (drawn at Kshs. 5,127,160/=) was taxed at Kshs. 955,560/=, with instruction fees assessed at Kshs. 900,000/=. The applicant contended the Taxing Officer erred in principle by failing to use the purchase price of Kshs. 83,700,000/= stated in a 1999 Agreement for Sale, arguing the property's value had appreciated over 25 years. The application was unopposed; the Plaintiff filed no response, and the 2nd to 4th Defendants noted they were unaffected as the suit had been struck out with costs borne personally by Justus Nyamu Gatondo. The court first confirmed the reference was competent, a Notice of Objection having been lodged within the Rule 11 timelines. It then applied the settled principle that a court interferes with a taxing officer's discretion only upon demonstrated error of principle, relying on Kipkorir, Tito & Kiara, Kamunyori & Co, Peter Muthoka, First American Bank, Fredrick Outa and KANU National Elections Board. Guided by the Supreme Court's decision in Kenya Airports Authority v Otieno Ragot and Joreth Ltd v Kigano, the court found that because the suit was struck out before hearing and the Plaint sought only declaratory and injunctive relief with no monetary claim, the value of the subject matter was unascertainable from the pleadings; the disputed purchase price could not be used. The taxing master had therefore judicially exercised her discretion, considering the importance of the matter, its duration and the nature of the property. The reference was dismissed with no orders as to costs on 17 April 2026.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Honourable Taxing Officer erred in principle in the assessment of Instruction Fees
  2. 2.Who should bear costs of this application

Key legal issues

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01

Whether the Taxing Officer erred in principle in assessing instruction fees at Kshs. 900,000/= (out of a bill of Kshs. 5,127,160/=)

Holding

No error of principle was established. The Plaintiff's suit, which was struck out before hearing, sought only declaratory and injunctive relief with no monetary claim, so the value of the subject matter was unascertainable and the purchase price in the 1999 Agreement for Sale could not be used. The taxing master's discretion was judicially exercised.

Reasoning

The suit was struck out before hearing, so subject matter value had to come from the pleadings, judgment or settlement per Kenya Airports Authority v Otieno Ragot and Joreth Ltd v Kigano & Associates. The Plaint sought declaratory, injunctive and cancellation-of-title relief with no monetary claim; ownership was disputed with fraud allegations, so the alleged purchase price could not fix the value. The value being unascertainable, the taxing master properly exercised discretion, relying on Premchand Raichand v Quary Services and matter-specific factors, in awarding Kshs. 900,000/= instruction fees.

p. 5
02

Competency of the reference under Rule 11 of the Advocates Remuneration Order

Holding

The reference was competent; a Notice of Objection was filed about nine days after the ruling and specified the items objected to, so the court had jurisdiction.

Reasoning

Rule 11 requires objection within fourteen days and a chamber summons within fourteen days of receiving reasons. The Notice of Objection dated 3/7/2025 was filed about nine days after the ruling and specified the items objected to. Citing Twiga Motors Ltd v Hon. Dalmas Otieno Anyango, the court held that adherence to the Rule 11 time limits vests it with jurisdiction to determine the reference.

p. 3

Legal principles established

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  • Courts will not interfere with a taxing officer's discretion unless it is shown that the taxing officer erred in principle or exercised discretion improperly, wrongly or on a wrong principle
  • Where the value of the subject matter is unascertainable from the pleadings, judgment or settlement, the taxing master has discretion to award reasonable instruction fees
  • A claim struck out at the preliminary stage does not render the amount pleaded in it the value of the subject matter for taxation purposes

Court orders

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  1. 1.The Chamber Summons application dated 25/7/2025 is dismissed
  2. 2.No orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Rule 11(2) of the Advocates Remuneration Order (reference from the Taxing Officer)

Relief refused

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Setting aside the Taxing Officer's decision made on 24/6/2025

The value of the suit property was unascertainable from the pleadings and the taxing master judicially exercised her discretion in assessing instruction fees at Kshs. 900,000/=

p. 5

Remitting the Bill of Costs dated 21/2/2025 for re-taxation (or taxation afresh by the court)

No error of principle was demonstrated in the taxation

Costs

The application was dismissed with no orders as to costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Based on the foregoing, the Chamber Summons application dated 25/7/2025 is unmerited and it is hereby dismissed with no orders as to costs.
p. 6Final orders - dismissal of the reference
It is therefore my finding that the value of the suit property was not ascertainable, and thus the taxing master judicially exercised her discretion in assessing the instruction fees at Kshs. 900,000/=.
p. 5Finding on error of principle
When the value of the subject matter is unascertainable, the taxing master has discretion to award reasonable instruction fees.
p. 5Discretion where value unascertainable
It is well settled that courts will not normally interfere with the exercise of discretion by the Taxing Officer unless the Taxing Officer erred in principle in assessing the costs.
p. 3Standard for interference with taxation

Issues in the judgment

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minor

The judgment inconsistently refers to the applicant as both Defendant and Appellant, stating: "I will proceed to determine whether the taxing oficer rightly exercised her discretion in determining the Appellant's instruction fees." although this is a reference, not an appeal.

minor

Submissions dated 30/3/2026 are recorded as filed after the application of 25/7/2025 but before judgment on 17/4/2026; also the notice of objection dated 3/7/2025 is described as filed after the taxation ruling of 24/6/2025 while the affidavit describes a ruling of 18/11/2024 striking out the suit - chronology is consistent internally but the case number is not stated anywhere.

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, "Kohlenberg Foundation v Langton Investments Limited & 3 others (Environment and Land Case E285 of 2024) [2026] KEELC 2197 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2197/eng@2026-04-17

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