Mungai v Njoroge, Githua, Waithaka & Kinuu (All sued in their capacity as joint liquidators of Planters Cooperative Union Limited) & 2 others (Environment and Land Case 8 of 2018) [2026] KEELC 2379 (KLR)
The bottom line
#The High Court dismissed a challenge to a taxing officer's decision, confirming that legal costs must be based only on relief actually awarded by the court.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxing officer properly appreciated the value of the subject matter
The taxing officer properly appreciated the value of the subject matter; the plaintiff improperly pegged the bill on the unawarded value of 860 acres
Prayer (h) of the amended counterclaim seeking payment of the current market value of 860 acres was not granted in the judgment dated 7-11-2024. What were granted were prayers (a), (b), (d), (e), (f) and (g), including a Kshs 51 Million award to the 1st Defendant. Since nothing else was awarded to the Plaintiff, the taxing officer properly valued the subject matter for purposes of instruction and getting-up fees.
Whether the Plaintiff is entitled to the reliefs sought in the summons
The decision of the taxing officer was proper and the Plaintiff is not entitled to any of the reliefs sought; the reference was dismissed
Having found no error of principle in the taxation, the court concluded the summons lacked merit. The pending appeals at the Court of Appeal (E218 of 2024 and E060 of 2025) with unknown outcomes did not alter this position. The reference was dismissed with costs to the 1st Defendant.
Legal principles established
#- A party may not peg instruction fees on the value of relief that was not actually awarded in the judgment
Court orders
#- 1.The summons dated 9-10-2025 is dismissed
- 2.Costs of the reference awarded to the 1st Defendant
- Jurisdiction invoked
- Article 159 of the Constitution of Kenya; Sections 1A, 1B and 3A of the Civil Procedure Act; paragraph 11(1)-(4) of the Advocates Remuneration Order, 1962
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mungai v Njoroge, Githua, Waithaka & Kinuu (All sued in their capacity as joint liquidators of Planters Cooperative Union Limited) & 2 others (Environment and Land Case 8 of 2018) [2026] KEELC 2379 (KLR)", Case Analysis (2026). Chamber Summons dated 9-10-2025 (Reference from taxation ruling dated 25-9-2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2379/eng@2026-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.