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ELCDismissedChamber Summons Reference dated 8th May 2025 (arising from Narok Constitutional Petition No. 12 of 2019, formerly Nairobi HCCP No. 323 of 2019)· [2026] KEELC 3479 (KLR)

Narok County Government v Kemboy Law Advocates (Environment and Land Miscellaneous Application E007 of 2023) [2026] KEELC 3479 (KLR)

Environment and Land Court
14 May 2026
4,893 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court upheld a Kshs. 5.37 million fee award to Kemboy Law Advocates, ruling that Narok County Government failed to show the taxing officer made any legal error.

What this practically means

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Executive summary

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This was a Chamber Summons Reference dated 8th May 2025 brought by Narok County Government, as Client/Applicant, under Paragraph 11(2) of the Advocates (Remuneration) Order, 2014, challenging the ruling of the Taxing Officer, Hon. Daniel Ngayo (SRM), delivered on 24th April 2025, taxing the Advocate–Client Bill of Costs of Kemboy Law Advocates at Kshs. 5,374,703/40. The bill arose from constitutional litigation (Narok Constitutional Petition No. 12 of 2019) concerning alleged threatened evictions from group ranches in Narok County, in which the Advocate represented the County Government for approximately four years. The Applicant contended the Taxing Officer erred in law and principle by awarding an excessive instruction fee of Kshs. 3,000,000/- despite unascertainable subject matter value, allowing service and attendance items above statutory caps in Schedule 6A, and applying a mandatory 50% increment under Part B of Schedule VI in an Advocate–Client bill without prior party and party taxation. The Advocate/Respondent, through the affidavit of Julius K. Kemboy, defended the taxation as a proper exercise of discretion, noting the complexity and duration of the matter and arguing that the 50% uplift is mandatory in Advocate–Client taxation and that new issues cannot be raised at reference stage. L. Gacheru J framed five issues and dismissed the Reference, holding that no error of law or principle was demonstrated: the instruction fee was justified by the constitutional nature, complexity, duration and multiplicity of parties; Schedule 6A permits mileage-based and enhanced service charges; and the 50% uplift under Schedule VI(B) is mandatory without prior party and party taxation. The Taxation Ruling was upheld in its entirety and the Advocate/Respondent was awarded costs of the Reference.

Key legal issues

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01

Interference with the Taxing Officer's discretion

Holding

The threshold for interference was not met; the Court must exercise restraint

Reasoning

The Court applied Premchand Raichand, First American Bank v Shah, Kenya Airports Authority v Otieno Ragot and Bank of Uganda v Banco Arabe Espanol, holding that interference is justified only where the Taxing Officer misdirected himself in principle or considered irrelevant factors. It found none and held mere dissatisfaction with the amount does not constitute a ground for interference.

p. 8
02

Instruction fee of Kshs. 3,000,000/-

Holding

Properly taxed; relevant factors were considered despite unascertainable subject matter value

Reasoning

The Taxing Officer considered the constitutional nature of the petition, duration of representation of about four years, multiplicity of parties, complexity regarding evictions and public land, and the labour and responsibility involved, consistent with Joreth Ltd v Kigano and Republic v Minister for Agriculture ex parte W'Njuguna.

03

Service fees and attendances

Holding

No legal misdirection demonstrated; Schedule 6A permits mileage-based and enhanced fees

Reasoning

The Court accepted that Schedule 6A(9) allows additional reasonable charges depending on distance beyond the prescribed radius, and that service between Nairobi and Narok justifies enhanced fees. Schedule 6A(7) provides a ceiling but does not remove discretion to assess reasonable fees depending on complexity and nature of attendances.

p. 9
04

50% increase under Part B of Schedule VI

Holding

Correctly applied; it is mandatory in Advocate–Client taxation and does not require prior party and party taxation

Reasoning

Relying on Kinyua Muyaa v Kenya Ports Authority, Dennis KN Magare v Armajit Singh Gahir and National Bank of Kenya v Rachuonyo & Rachuonyo, the Court held the language of Schedule VI(B) is mandatory. It also noted the Applicant did not raise the issue before the Taxing Officer, so it could not be introduced at the reference stage.

p. 9

Legal principles established

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  • A court on a reference will not interfere with a Taxing Officer's discretion unless a wrong principle was applied or the award is manifestly excessive or low as to amount to an injustice
  • Where the value of the subject matter is not ascertainable, the Taxing Officer may exercise discretion considering the nature and importance of the matter, interests of parties, conduct of proceedings and relevant circumstances
  • Under Part B of Schedule VI of the Advocates (Remuneration) Order, the 50% increase applies in Advocate–Client taxation without prior taxation of party and party costs
  • Issues not raised before the Taxing Officer cannot be introduced for the first time at the reference stage

Court orders

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  1. 1.The Client/Applicant's Chamber Summons Application or Reference dated 8th May 2025 is not merited and is dismissed entirely
  2. 2.The Taxation Ruling delivered on 24th April 2025 is upheld in its entirety
  3. 3.The Advocate/Respondent shall have costs of this Reference

Authorities

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Legislation

  • Advocates (Remuneration) Order, 2014Paragraph 11(2)
  • Advocates (Remuneration) Order, 2014Schedule 6 / Schedule VI (Parts A and B)
  • Advocates (Remuneration) Order, 2014Schedule 6A (including 6A(7) and 6A(9))
  • Constitution of Kenya, 2010not specified (fundamental rights alleged in underlying petition)

Cases cited (20)

  • Premchand Raichand Ltd v Quarry Services of East Africa Ltd
    [1972] EA 162
  • Joreth Ltd v Kigano & Associates
    [2002] 1 EA 92
  • Republic v Minister for Agriculture & 2 Others ex parte Samuel Muchiri W'Njuguna & 6 Others
    [2006] eKLR
  • Bank of Uganda v Sudhir Ruparalia & Another (Taxation Reference No. 1 of 2023)
    [2023] UGSC 12
  • Keziah Gathoni Supeyo v Yano t/a Yano & Co. Advocates
    [2019] eKLR
  • Kyalo Mbobu t/a Kyalo & Associates Advocates v Jacob Juma
    [2015] eKLR
  • Nyangito & Co. Advocates v Doinyo Lessos Creameries Ltd
    [2014] eKLR
  • Tom Ojienda & Associates Advocates v County Government of Narok
    (Misc. Application E608 of 2019) eKLR
  • First American Bank of Kenya v Shah and Others
    (2002) EA 64
  • Kenya Airports Authority v Otieno Ragot & Co. Advocates
    (Petition No. E011 of 2023) [2024] KESC 44 (KLR)
  • Jeremiah Muku vs Methodist Church in Kenya Trustees Registered & Another
    [2015] eKLR
  • Truth Justice and Reconciliation Commission v Chief Justice of Kenya & Another
    [2014] eKLR
  • Kinyua Muyaa Co Advocates v Kenya Ports Authority & Others
    (2017) eKLR
  • Dennis KN Magare & Another v Armajit Singh Gahir & Others
    (2021) eKLR
  • National Bank of Kenya v Rachuonyo & Rachuonyo Advocates
    (2021) eKLR
  • Havi & Company Advocates v Purma Holdings Ltd & 2 Others
    [2024] KEHC 3690 (KLR)
  • Showcase Property Limited v Mugambi & Co. Advocates
    [2020] eKLR
  • Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Ltd (2)
    [2006] 1 EA 5
  • Bank of Uganda v Banco Arabe Espanol
    (Civil Application No. 23 of 1999)
  • Lucy Waithera & 2 Others v Edwin Njagi T/A E.K. Njagi & Co. Advocates
    [2017] eKLR
On appeal from
Chief Magistrate's Court (Taxing Officer, Hon. Daniel Ngayo, SRM)
Advocate–Client Bill of Costs dated 4th July 2023
Jurisdiction invoked
Paragraph 11(2) of the Advocates (Remuneration) Order, 2014

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, "Narok County Government v Kemboy Law Advocates (Environment and Land Miscellaneous Application E007 of 2023) [2026] KEELC 3479 (KLR)", Case Analysis (2026). Chamber Summons Reference dated 8th May 2025 (arising from Narok Constitutional Petition No. 12 of 2019, formerly Nairobi HCCP No. 323 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3479/eng@2026-05-14

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