Ngeno v Mosonik (Environment and Land Appeal E001 of 2022) [2026] KEELC 2970 (KLR)
The bottom line
#A Kericho court struck out a lawyer's challenge to taxed costs because it was filed one day too early, before the Taxing Officer's reasons were issued.
What this practically means
#Executive summary
#Key legal issues
#Whether the reference was properly lodged in the suit rather than by way of a Miscellaneous Application
The reference was properly lodged in the cause in which the Taxing Officer made the decision
Relying on Okoth and Company Advocates v Mount Kenya University, the court held that a reference under Rule 11(2) comprises the cause and the entire record giving rise to the chamber summons. Since the bill of costs was taxed within this suit following the appeal judgment, the aggrieved party rightly lodged the reference in the present suit, and the argument that a fresh Miscellaneous cause was required was erroneous.
Whether the reference was filed prematurely
Yes - the reference was premature
The Taxing Officer's ruling did not advance reasons for the specific awards. Under Paragraph 11, where reasons do not appear on the face of the decision the objector should give a notice of objection and await the furnished reasons before moving the Judge by chamber summons. The applicant filed the objection on 9th July, 2025 and the reference on 10th July, 2025, giving the Taxing Officer only one day, before reasons were furnished or the time lapsed.
Whether the Taxing Officer's decision should be set aside and the bill taxed afresh
Not determined on the merits
Because the court found the reference premature, it declined to venture into the merits of the complaint that the instruction fees of Kshs. 600,000 and getting up fees of Kshs. 200,000 were manifestly excessive or that getting up fees required certification.
Legal principles established
#- A reference under Paragraph 11(2) of the Advocates Remuneration Order is to be filed in the cause in which the Taxing Officer made the impugned decision, not in a fresh cause.
- Where the Taxing Officer has not given reasons for the decision, the objector must await the furnishing of reasons (or the lapse of the time for furnishing them) before filing a reference; filing earlier is premature.
- Costs follow the event under Section 27 of the Civil Procedure Act.
Court orders
#- 1.The application dated 10th July, 2025 is struck out with costs.
- 2.Costs of the application awarded to the Appellant/Respondent.
- On appeal from
- Chief Magistrate's Court, Kericho
- Kericho CM ELC Case No. 14 of 2019
- Jurisdiction invoked
- Paragraph 11 of the Advocates Remuneration Order (reference against a Taxing Officer's decision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngeno v Mosonik (Environment and Land Appeal E001 of 2022) [2026] KEELC 2970 (KLR)", Case Analysis (2026). Reference arising from the Appeal dated 5th February, 2022 (arising from Kericho CM ELC Case No. 14 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2970/eng@2026-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.