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ELCDismissedELC LMSC. E016 OF 2023· [2026] KEELC 3481 (KLR)

Kemboy Law Advocates v Narok County Government (Environment and Land Miscellaneous Application E016 of 2023) [2026] KEELC 3481 (KLR)

Environment and Land Court
14 May 2026
4,291 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~17 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court upheld a Kshs. 17.9 million advocate fee award, ruling clients must prove an error of principle—not just disagree with the amount—to overturn taxation.

What this practically means

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Executive summary

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This is a Reference by the Client/Applicant under Paragraph 11(2) of the Advocates (Remuneration) Order, challenging the taxation ruling of 19th February 2025 by which Taxing Master Hon. Daniel Ngayo assessed the Advocate/Respondent's (Kemboy Law Advocates) Advocate–Client Bill of Costs dated 4th October 2023 at Kshs. 17,964,157.80, with instruction fees of Kshs. 10,000,000. The taxation arose from representation in Narok ELC No. 5 of 2021, formerly Misc. Civil Application No. 30 of 2003, a dispute involving Wildlife Lodges Limited. The Applicant contended the Taxing Officer erred in principle by misapplying Schedule 6, awarding excessive instruction fees in a matter that was neither complex nor novel, allowing service and attendance items beyond prescribed rates, and unlawfully increasing the taxed costs by 50%. The Respondent defended the taxation, maintaining the matter was complex and protracted, that discretion was properly exercised, and that the 50% enhancement is expressly provided for under Part B of Schedule 6 for Advocate–Client bills. The court restated that interference with a taxing officer's discretion requires demonstration of error of principle, ignored or irrelevant factors, or a manifestly excessive award. It found the instruction fees justified by the nature, complexity, and duration of the matter; the impugned service and attendance items properly allowed given travel between Nairobi and Narok; and, preferring the line of authority holding that Schedule 6(A) amounts are increased by 50% for Advocate–Client bills without prior Party-and-Party taxation, held the enhancement lawful. It further held the 50% point was raised for the first time on reference and could not be entertained. The Reference was dismissed with costs to the Advocate/Respondent and the taxation upheld.

Key legal issues

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01

Whether the Court may interfere with the Taxing Officer's discretion

Holding

Interference requires demonstration of error of principle or a manifestly excessive or inadequate award; mere dissatisfaction with quantum is insufficient.

Reasoning

The court restated the settled principles from Premchand Raichand, Joreth and Bank of Uganda v Banco Arabe Espanol, holding that the reference court examines whether an error of principle was demonstrated, not whether it would have awarded a different figure. The applicant had to show a wrong principle, failure to consider relevant factors, consideration of irrelevant factors, or a manifestly excessive award.

p. 21
02

Whether instruction fees of Kshs. 10,000,000 were excessive

Holding

The fees were not manifestly excessive; the Taxing Officer considered the nature of the dispute, the duration (approximately 10 years) and the volume of documentation.

Reasoning

Instruction fees cover the entire scope of legal work and are assessed with reference to relevant factors where the subject-matter value is not ascertainable. On perusal of the impugned ruling, the Taxing Officer considered relevant factors under Schedule 6. Although the figure was substantial, it was not so manifestly excessive as to constitute an error of principle.

p. 24
03

Whether taxation of service and attendance items was erroneous

Holding

The impugned items were properly allowed; service fees are capped only within a limited radius and enhanced charges are justified by distance; attendances up to Kshs. 15,000 are permitted under Schedule 6A.

Reasoning

The court found that service involved travel between Nairobi and Narok, justifying enhanced charges under Schedule 6, and that attendances were within Schedule 6A limits. The applicant failed to demonstrate with specificity how the items violated the scale; mere dissatisfaction with amounts is insufficient grounds for interference.

p. 25
04

Whether the 50% increase of taxed costs was lawful

Holding

The 50% increase was lawful; the court found the line of authorities allowing direct enhancement of Advocate–Client bills more persuasive, and the issue could not be raised for the first time on reference.

Reasoning

The court preferred the authorities interpreting Part B of Schedule 6 as requiring the Schedule 6(A) amounts to be increased by 50% for Advocate–Client bills without prior taxation of Party-and-Party costs, as according with the plain wording of the Remuneration Order. Further, since the point was not raised before the taxing officer, it could not be introduced at the reference stage.

p. 26

Legal principles established

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  • A court will not interfere with a taxing officer's discretion unless a wrong principle was applied, relevant factors were ignored or irrelevant ones considered, or the award is manifestly excessive or low so as to amount to an injustice.
  • Where the value of the subject matter is not ascertainable from the pleadings, the taxing officer may exercise discretion based on factors such as the nature and importance of the matter, complexity, interests of the parties and conduct of proceedings.
  • An Advocate–Client Bill of Costs is taxed by applying Schedule 6(A) and increasing the result by 50%, without first taxing Party-and-Party costs.
  • A Reference cannot introduce new issues not canvassed before the taxing officer.

Court orders

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  1. 1.The Chamber Summons Application dated 25th February 2025 is dismissed.
  2. 2.The taxation of the Advocate–Client Bill of Costs dated 4th October 2023, as assessed on 19th February 2025, is upheld.
  3. 3.Costs of the Reference are awarded to the Advocate/Respondent.
Jurisdiction invoked
Paragraph 11(2) of the Advocates (Remuneration) Order

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, "Kemboy Law Advocates v Narok County Government (Environment and Land Miscellaneous Application E016 of 2023) [2026] KEELC 3481 (KLR)", Case Analysis (2026). ELC LMSC. E016 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3481/eng@2026-05-14

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