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ELCStruck OutReference arising from the Appeal dated 5th February, 2022 (arising from Kericho CM ELC Case No. 14 of 2019)· [2026] KEELC 2970 (KLR)

Ngeno v Mosonik (Environment and Land Appeal E001 of 2022) [2026] KEELC 2970 (KLR)

Environment and Land Court
14 May 2026
4,495 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling of the Environment and Land Court at Kericho (L. A. Omollo, J) determines a reference by the Respondent/Applicant, Charles Cheruiyot Mosonik, under Paragraph 11 of the Advocates Remuneration Order seeking to set aside the Taxing Officer's decision of 8th July, 2025 taxing the Appellant/Respondent's Party and Party Bill of Costs dated 25th March, 2025 at Kshs. 861,645/=. The bill arose from the Appellant/Respondent's appeal against the judgment of S.M. Mokua, Chief Magistrate in Kericho CM ELC Case No. 14 of 2019, in which the appeal was allowed only in part: the award of mesne profits of Kshs. 1,104,000/= was set aside but the trial court's other orders, including general damages for trespass, were upheld, with costs of the appeal awarded to the Appellant/Respondent. The Applicant objected that the taxed costs were manifestly excessive and that getting up fees of Kshs. 200,000/= lacked the judicial certification required by paragraph 6(3) of the Order. The Appellant/Respondent opposed the reference as improperly lodged, premature, and unmeritorious. The court framed four issues. First, applying Okoth and Company Advocates v Mount Kenya University, it held the reference was properly lodged in the cause in which the taxation occurred. Second, it found the reference premature: the Taxing Officer's ruling did not furnish reasons, and the Applicant filed the reference only one day after his Notice of Objection, before reasons were furnished or the time for furnishing them lapsed. Consequently the court declined to rule on whether the taxation should be set aside, and struck out the application dated 10th July, 2025 with costs to the Appellant/Respondent.

Key legal issues

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01

Whether the reference was properly lodged in the suit rather than by way of a Miscellaneous Application

Holding

The reference was properly lodged in the cause in which the Taxing Officer made the decision

Reasoning

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.

p. 7
02

Whether the reference was filed prematurely

Holding

Yes - the reference was premature

Reasoning

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.

p. 10
03

Whether the Taxing Officer's decision should be set aside and the bill taxed afresh

Holding

Not determined on the merits

Reasoning

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.

p. 10

Legal principles established

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  • 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

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  1. 1.The application dated 10th July, 2025 is struck out with costs.
  2. 2.Costs of the application awarded to the Appellant/Respondent.

Authorities

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Legislation

  • Advocates Remuneration OrderParagraph 11 (including 11(1), 11(2), 11(3), 11(4)); Schedule 6, paragraph 3; Schedule 6 paragraphs 1(a) and (b); paragraph 6(3); Schedule 16 (as cited by applicant)
  • Civil Procedure ActSection 27
  • Civil Procedure RulesOrder 40 Rule 1

Cases cited (8)

  • Premchand Raichand Ltd vs Quarry Services of East Africa Ltd
    [1972] EA 162
  • Republic vs Minister of Agriculture & 2 Others Ex parte Samuel Muchiri W'Njuguna & 6 Others
    [2006] eKLR
  • Kipkorir, Tito & Kiara Advocates vs Deposit Protection Fund Board
    [2005] eKLR
  • Joreth Limited vs Kigano & Associates
    [2002] eKLR
  • Arthur vs Nyeri Electricity Undertaking
    [1961] EA 497
  • Okoth and Company Advocates v Mount Kenya University
    [2019] KEELC 901 (KLR)
  • Evans Thiga Gaturu Vs Kenya Commercial Bank Ltd
    [2012] eKLR
  • Multiline Motors (Kenya) Ltd v Migori County Government
    [2021] eKLR
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

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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, "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.