Mabonga t/a Mabonga & Co. Advocate v Agricultural Development Corporation & 2 others (Environment and Land Originating Motion E014 of 2025) [2026] KEELC 2747 (KLR)
The bottom line
#Kenya's High Court confirmed that a Taxing Master cannot tax a lawyer's bill of costs without first resolving a dispute over whether the client actually instructed the lawyer.
What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Master had jurisdiction to tax a bill of costs where retainer is disputed
The Taxing Master acted outside jurisdiction by taxing the bill without first addressing the disputed retainer issue.
The applicant had raised, in a replying affidavit dated 18th July 2025, that no instructions had been issued to the respondent's firm. Citing Kenindia Assurance Co Limited v Olendo and the Court of Appeal's decision in Konosi v Flamco, the court held that the advocate/client relationship is core to taxation jurisdiction and where it is disputed it must be determined as a preliminary issue before quantification of fees.
Whether the court should stay execution of and set aside the taxation ruling
The court found merit in the application and set aside the impugned orders pending determination of the reference.
Having found that the Taxing Master exceeded jurisdiction by taxing a bill where retainer was disputed, the court exercised its discretion to set aside the ruling dated 18th September 2025 and directed that retainer be determined first by a different Taxing Master.
Legal principles established
#- A Taxing Officer acts without jurisdiction if they proceed to tax a Bill where the retainer is disputed; the retainer issue must first be determined.
Court orders
#- 1.The impugned orders in the ruling dated 18th September 2025 are hereby set aside pending the determination of this reference
- 2.The issue of retainer shall first be determined by a different Taxing Master before proceeding to the quantum of costs
- 3.Parties shall meet their own respective costs to this application
- Jurisdiction invoked
- Advocates Act and Advocates (Remuneration) Order - reference against a Taxing Master's ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mabonga t/a Mabonga & Co. Advocate v Agricultural Development Corporation & 2 others (Environment and Land Originating Motion E014 of 2025) [2026] KEELC 2747 (KLR)", Case Analysis (2026). Chamber Summons application dated 14th October 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2747/eng@2026-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.