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ELCPartially AllowedELCLA No. E090 of 2024 (Chamber Summons dated 23rd September 2025)· [2026] KEELC 3017 (KLR)

Ngoje & 7 others v National Irrigation Authority & another (Environment and Land Civil Appeal E090 of 2024) [2026] KEELC 3017 (KLR)

Environment and Land Court of Kenya
15 May 2026
2,812 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court set aside a lawyer's fee taxation because the taxing officer couldn't explain how the figures were calculated, ordering a fresh taxation before a different officer.

What this practically means

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Executive summary

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This is a Reference under Paragraph 11(2) of the Advocates Remuneration Order, 2014 by the Appellants' Advocates, Okong'o Wandago & Company Advocates, challenging the taxation by Hon. Vincent Kiplagat, Deputy Registrar, of their Advocate-Client (Bill) of Costs dated 5th April 2025 in Nairobi ELC Appeal No. E090 of 2024. The appeal had resulted in declaratory, constitutional, environmental and monetary reliefs of Kshs. 27,240,000/= against the National Irrigation Authority. The Taxing Officer taxed the Bill at Kshs. 365,625/=/-, awarding instruction fees of Kshs. 200,000/=/-, and globally taxing items 9 to 78 at Kshs. 250,000/=/-. The Applicants complained of errors of principle: failure to ascertain the value of the subject matter and the basic instruction fee, failure to consider the constitutional and declaratory reliefs, the complexity and volume of the record (an 18-volume, 9,128-page Record of Appeal), and unreasoned global disallowances, with an internally inconsistent computation. The 1st Respondent opposed, maintaining that the discretion was properly exercised. The Court, applying Kipkorir, Tito & Kiara, Kamunyori, Premchand Raichand, First American Bank and Joreth, held that the failure to demonstrate the basis of the instruction fees was an error in principle, compounded by unreasoned global taxation and an unexplained final figure. The Chamber Summons was allowed: the taxation was set aside and the Bill remitted for fresh taxation before a different Taxing Officer, with costs of the Reference to the Applicants.

Key legal issues

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01

Whether the Taxing Officer committed errors of principle warranting setting aside of the taxation

Holding

Yes. The Taxing Officer failed to demonstrate how the instruction fee of Kshs. 200,000/= was derived, did not disclose the applicable basic instruction fee, taxed items 9 to 78 globally without addressing individual items or assigning reasons, and the final taxed sum of Kshs. 365,625/= was not clearly computed. These amounted to errors of principle.

Reasoning

The Court held that although the Taxing Officer recited the correct principles, including Joreth Ltd v Kigano & Associates, he did not demonstrate how he arrived at the instruction fees or account for the value of the subject matter, the Kshs. 27,240,000/= monetary award, the constitutional and declaratory reliefs, and the 18-volume, 9,128-page Record of Appeal. Global taxation of numerous items without reasons and an unexplained computation further compounded the misdirection, warranting interference.

p. 10
02

What remedy follows where a taxation is set aside for errors of principle

Holding

The Bill of Costs should be remitted for fresh taxation before a different Taxing Officer rather than re-taxed by the Judge.

Reasoning

The Court considered re-taxing the Bill itself but, given the numerous contested items relating to photocopying, scanning, attendances, service and preparation of documents, and the need for a comprehensive reassessment, it concluded that the interests of justice were best served by remittal to a Taxing Officer other than Hon. Vincent Kiplagat.

p. 12

Legal principles established

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  • A Judge will not normally interfere with a Taxing Officer's decision on quantum unless the Taxing Officer erred in principle or the discretion was exercised improperly resulting in injustice.
  • Failure to ascertain or correctly value the subject matter for purposes of taxation is an error of principle justifying interference.
  • A Taxing Officer's discretion, though wide, must be exercised judiciously with reasons discernible from the ruling.

Court orders

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  1. 1.The ruling and taxation delivered on 11th September 2025 by Hon. Vincent Kiplagat, Deputy Registrar, in respect of the Appellants' Bill of Costs dated 5th April 2025 is set aside.
  2. 2.The Appellants' Bill of Costs dated 5th April 2025 is remitted for fresh taxation before a different Taxing Officer other than Hon. Vincent Kiplagat.
  3. 3.The Applicants shall have the costs of this Reference.
Jurisdiction invoked
Paragraph 11(2) of the Advocates Remuneration Order, 2014 (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, "Ngoje & 7 others v National Irrigation Authority & another (Environment and Land Civil Appeal E090 of 2024) [2026] KEELC 3017 (KLR)", Case Analysis (2026). ELCLA No. E090 of 2024 (Chamber Summons dated 23rd September 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3017/eng@2026-05-15

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