W. Chokaa & Co. Advocates v East Africa Institute of Certified Studies & 2 others (Environment and Land Miscellaneous Case E027 of 2025) [2026] KEELC 4026 (KLR)
The bottom line
#A lawyer challenging a costs ruling in Kenya lost because they skipped the mandatory step of objecting in writing and obtaining the taxing officer's reasons first.
What this practically means
#Executive summary
#Key legal issues
#Procedural compliance for a reference under paragraph 11 of the Advocates (Remuneration) Order
The reference was incompetent because the applicant never lodged a written objection with the taxing officer or sought and attached reasons for the taxation on the objected items
Paragraph 11(1) obliges an objector to give written notice of the items objected to within fourteen days; paragraph 11(2) then obliges the taxing officer to record and forward reasons, upon which the objector may file a reference within fourteen days. The court, following Elijah Ireri and Evan Thiga Gaturu, held that failure to seek and attach reasons deprives the judge of the material needed to assess whether the taxing master's discretion was soundly exercised, rendering the reference defective.
Basis of the instruction fee - declaratory reliefs versus counterclaim value
The taxing master was not in error in basing the instruction fee on the declaratory orders sought, since the Plaintiff pleaded no relief founded on the value of the subject matter and none was granted
The pleadings sought only declarations and a temporary injunction; there was no relief based on the value of the subject matter (the Kshs. 90,000,000/= arrears pleaded in the counterclaim). Applying World Explorers Safaris and Chalicha FCS, the court held parties cannot rely on unpleaded issues for tactical advantage and the court cannot award fees based on a value outside the pleadings. The applicant therefore could not insist that fees be based on the counterclaim value.
Legal principles established
#- A party objecting to a taxing officer's decision must first give written notice of the objected items under paragraph 11(1) and obtain the taxing officer's reasons under paragraph 11(2); failure to do so renders the reference defective
- Without the taxing master's reasons on the objected items, the court has no basis for determining whether the discretion of the taxing master was exercised on sound principles
- The court cannot make an order outside the pleadings; where no relief is pleaded or granted based on the value of the subject matter, fees cannot be pegged on that value
Court orders
#- 1.The application (reference) is dismissed with costs
- 2.Costs of the application awarded to the Respondent
- On appeal from
- null
- null
- Jurisdiction invoked
- Paragraph 11(2) of the Advocates (Remuneration) Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "W. Chokaa & Co. Advocates v East Africa Institute of Certified Studies & 2 others (Environment and Land Miscellaneous Case E027 of 2025) [2026] KEELC 4026 (KLR)", Case Analysis (2026). ELCMISC NO. E027 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4026/eng@2026-07-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.