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ELCDismissedChamber Summons dated 3rd April 2025· [2026] KEELC 2452 (KLR)

Guchu (Suing as the Administrator of the Estate of Stephen Guchu Churu (Deceased) v Kamande & 3 others (Environment and Land Appeal 20 of 2020) [2026] KEELC 2452 (KLR)

High Court of Kenya
29 April 2026
1,562 words in judgment
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The bottom line

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The High Court dismissed a challenge to taxed legal fees, confirming courts only interfere with a taxing officer's decision where a clear error of principle is proven.

What this practically means

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Executive summary

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This ruling of the High Court at Thika (J. M. Onyango J) determines a reference under Rule 11(2) of the Advocates (Remuneration) Order challenging the taxing master's ruling of 20th March 2025 on the 1st Respondent's Party & Party Bill of Costs. By Chamber Summons dated 3rd April 2025, supported by the affidavit of Teresiah Wanjiku Kamade, the Applicant sought to set aside or vary the taxation and to have Item 1 (instruction fees) and Item 24 (getting up fees) taxed afresh, contending that the taxing master misapplied Schedule 6(1)(b) of the Advocates (Remuneration) (Amendment) Order, 2014 and ignored material factors including the value of the subject matter, said to be Kshs 20,000,000 in the pleadings or Kshs 15,000,000 in the course of proceedings. The Respondent, through the replying affidavit of Ruth Wanjiru Guchu, maintained that the discretion was judiciously exercised. Applying the settled principles in Famy Care Limited and Premchand Raichand, and the Joreth Limited factors for assessing instruction fees, the court held that a Rule 11 reference is not an invitation to re-tax but a narrow jurisdiction to identify error of principle. Since no valuation report substantiated the asserted figures, the taxing master was entitled to make a discretionary assessment; getting up fees at one-third of the instruction fee also accorded with principle. The reference was dismissed with costs.

Key legal issues

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01

Whether the taxing master erred in principle in assessing instruction fees without anchoring them on a value of the subject matter

Holding

No error: value was unsubstantiated (figures of Kshs 20,000,000 and Kshs 15,000,000 appeared without valuation material), so a discretionary assessment was proper

Reasoning

The value was variously stated in the pleadings and proceedings but no valuation report or documentary material substantiated the figures. The taxing master therefore rightly declined to anchor instruction fees on a specific value and resorted to a discretionary assessment guided by the Joreth Limited factors. The applicant's contention of misdirection could not be sustained.

p. 4
02

Whether the award of getting up fees at one-third of the instruction fee was erroneous

Holding

Not erroneous; getting up fees ordinarily follow instruction fees as a proportion thereof

Reasoning

The taxing master awarded getting up fees at one-third of the instruction fee, consistent with the established principle that getting up fees follow instruction fees proportionally. Since the court upheld the taxation of instruction fees, it found no basis to interfere with the consequent award on getting up fees.

p. 4
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The scope of the Court's interference with a taxing officer's discretion under Rule 11

Holding

Interference only where discretion was improperly exercised or the award is so unreasonable as to betray an error in principle

Reasoning

Taxation is an exercise of discretion entrusted to the taxing officer, not subject to casual or routine interference. On a Rule 11 reference the court does not embark on fresh taxation; it intervenes with circumspection only where it is demonstrated that the discretion was not judicially exercised or that the award is so unreasonable as to betray an error in principle.

p. 3

Legal principles established

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  • A reference to a Judge under Rule 11 is not a re-taxation but a circumscribed jurisdiction to interrogate the taxation for error of principle
  • Where the value of the subject matter is not ascertainable from credible material, the taxing officer may make a discretionary assessment guided by the Joreth factors

Court orders

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  1. 1.The application dated 3rd April 2025 is dismissed with costs

Authorities

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Legislation

  • Advocates (Remuneration) OrderRule 11(1), (2), (3), (4)
  • Advocates (Remuneration) (Amendment) Order, 2014Schedule 6 (1)(b)
  • Advocates (Remuneration) OrderParagraph 11

Cases cited (3)

  • Famy Care Limited v Public Procurement Administrative Review Board & another & 4 others
    [2013] eKLR
  • Premchand Raichand Ltd v Quarry Services of East Africa Ltd (No. 3)
    [1972] EA 162
  • Joreth Limited v Kigano and Associates
    [2002] EA 92
Jurisdiction invoked
Rule 11(2) of 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, "Guchu (Suing as the Administrator of the Estate of Stephen Guchu Churu (Deceased) v Kamande & 3 others (Environment and Land Appeal 20 of 2020) [2026] KEELC 2452 (KLR)", Case Analysis (2026). Chamber Summons dated 3rd April 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2452/eng@2026-04-29

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