Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedChamber Summons Reference dated 15th May 2025 (Taxation Reference)· [2026] KEELC 3499 (KLR)

Narok County Government v Kemboy Law Advocates (Environment and Land Miscellaneous Application E006 of 2023) [2026] KEELC 3499 (KLR)

High Court of Kenya
14 May 2026
4,154 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

#

The High Court upheld a Kshs. 5 million advocate fee award against Narok County Government, confirming clients must prove a real legal error to challenge taxed fees.

What this practically means

#

Executive summary

#
This ruling by the High Court at Narok (L. Gacheru, J) determined a Chamber Summons Reference dated 15th May 2025 filed by the Narok County Government, as Client/Applicant, under paragraph 11(2) of the Advocates (Remuneration) Order, 2014, challenging the Taxing Officer's ruling of 9th May 2025 taxing the Advocate/Respondent's Advocate–Client Bill of Costs dated 4th July 2023 at Kshs. 5,094,792/58. The taxed bill arose from legal services in Narok ELC Judicial Review Application No. 7 of 2020, in which Mara Ngeche Safari Camp Limited sought certiorari and prohibition against the County Government and others. The Applicant contended that the Taxing Officer misapplied Schedule 6, that the Kshs. 2,000,000 instruction fee was manifestly excessive, that service and attendance items breached Schedules 6(9) and 6A(7), and that the 50% uplift under Part B of Schedule 6 was wrongly applied absent prior Party and Party taxation. It sought setting aside of the ruling, fresh taxation before a different Taxing Officer, and costs. The Respondent maintained the taxation was a proper exercise of discretion, relying on authorities affirming the mandatory 50% uplift. The Court framed five issues and held that interference requires demonstration of an error of principle, not mere dissatisfaction with quantum. It found the instruction fee justified given the complexity, duration and public interest of the judicial review; no demonstrated misapplication of the service and attendance scales; and that the 50% uplift is a statutory entitlement not contingent on Party and Party taxation. Dismissing the Reference with costs to the Advocate/Respondent, the Court upheld the Taxing Officer's ruling of 9th May 2025.

Key legal issues

#
01

Instruction fee of Kshs. 2,000,000

Holding

No error of principle; fee proportionate given prolonged litigation, multiple public entities and public interest in judicial review over the Maasai Mara

Reasoning

Where subject matter is not ascertainable from pleadings, the taxing officer has discretion to assess instruction fees based on complexity, importance, novelty, responsibility, time expended and conduct of proceedings. The Taxing Officer considered the nature, duration, multiplicity of parties and public interest. Mere disagreement with complexity is insufficient to displace the discretion.

p. 7
02

Service fees and attendance items under Schedules 6 and 6A

Holding

No demonstrated misapplication of the scale; service fees distance-dependent and attendances within the Taxing Officer's discretion

Reasoning

Service fees under Schedule 6(9) depend on distance and attendant costs; the services involved travel between Nairobi and Narok. Schedule 6A(7) grants discretion to assess attendance fees based on nature, duration and complexity. The Applicant failed to demonstrate with precision how the scale was misapplied.

p. 7
03

50% increase under Part B of Schedule 6

Holding

Lawfully applied; the uplift is a statutory entitlement not dependent on prior Party and Party taxation

Reasoning

Schedule 6 treats Advocate–Client taxation as a distinct regime. The Applicant's contention that the uplift requires prior Party and Party taxation is not borne out by the current structure of Schedule 6. The court aligned itself with authorities affirming the mandatory nature of the uplift.

p. 8
04

Whether grounds existed to warrant interference

Holding

No; complaints related to quantum, not identifiable errors of principle

Reasoning

Dissatisfaction with the amount taxed is not a ground for interference. The Applicant did not demonstrate that the Taxing Officer ignored relevant considerations, considered irrelevant factors, or applied wrong principles. The Taxing Officer's decision fell within the permissible ambit of judicial discretion.

p. 8

Legal principles established

#
  • A court will not interfere with a taxing officer's decision merely because it would have reached a different figure; interference is only justified where the taxing officer proceeded on wrong principles or the award is manifestly excessive or low as to amount to an error in principle
  • The 50% uplift in Advocate–Client taxation is a statutory entitlement under the Remuneration Order and is not contingent upon prior Party and Party taxation

Court orders

#
  1. 1.The Client/Applicant's Chamber Summons Reference dated 15th May 2025 is dismissed in its entirety with costs to the Advocate/Respondent
  2. 2.The Taxing Officer's Ruling delivered on 9th May 2025 is upheld, with costs to the Advocate/Respondent

Authorities

#

Legislation

  • Advocates (Remuneration) Order, 2014Paragraph 11(2)
  • Advocates (Remuneration) Order, 2014Schedule 6 (including Part B and 6(9))
  • Advocates (Remuneration) Order, 2014Schedule 6A(7)

Cases cited (18)

  • Kenya Airports Authority v Otieno Ragot & Co. Advocates
    (Petition No. E011 of 2023) [2024] KESC 44 (KLR)
  • Kinyua Muyaa & Co. Advocates v Kenya Ports Authority
    [2017] KEELRC 498 (KLR)
  • Dennis KN Magare v Armajit Singh Gahir & Others
    [2021] KEHC 12931 (KLR)
  • National Bank of Kenya v Rachuonyo & Rachuonyo Advocates
    [2021] eKLR
  • Havi & Co. Advocates v Purma Holdings Ltd & 2 Others
    [2024] KEHC 3690 (KLR)
  • Bank of Uganda v Sudhir Ruparelia & Another
    (Taxation Reference No. 1 of 2023) [2023] UGSC 12
  • Premchand Raichand Ltd & Another v Quarry Services of East Africa Ltd & Others (No. 3)
    [1972] EA 162
  • Keziah Gathoni Supeyo v Yano t/a Yano & Co. Advocates
    [2019] eKLR
  • Joreth Ltd v Kigano & Associates
    [2002] 1 EA 92
  • Kyalo Mbobu T/A Kyalo & Associates Advocates v Jacob Juma
    [2015] eKLR
  • Republic v Minister for Agriculture & 2 Others ex parte Samuel Muchiri W'Njuguna & 6 Others
    [2006] 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
  • Lucy Waithera & 2 Others v Edwin Njagi T/A E.K. Njagi & Company Advocates
    [2017] eKLR
  • Jeremiah Muku v Methodist Church in Kenya Trustees Registered & Another
    [2015] eKLR
  • Showcase Property Ltd v Mugambi & Company Advocates
    [2020] eKLR
  • Ahmednasir Abdikadir & Company Advocates v National Bank of Kenya Ltd (2)
    [2006] 1 EA 5
On appeal from
Taxing Officer (Narok)
Advocate–Client Bill of Costs dated 4th July 2023
Jurisdiction invoked
Paragraph 11(2) of the Advocates (Remuneration) Order, 2014

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Narok County Government v Kemboy Law Advocates (Environment and Land Miscellaneous Application E006 of 2023) [2026] KEELC 3499 (KLR)", Case Analysis (2026). Chamber Summons Reference dated 15th May 2025 (Taxation Reference). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3499/eng@2026-05-14

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