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ELCDismissedELC suit no. E006 of 2020· [2026] KEELC 4171 (KLR)

Mbugua v Wanjohi (Enviromental and Land Originating Summons E006 of 2020) [2026] KEELC 4171 (KLR)

Environment and Land Court
6 July 2026
MCMbogo C.G.
1,680 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to increase an advocate's fees, confirming taxing officers have wide discretion when a case ends before trial fixes the value.

What this practically means

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Executive summary

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The defendant/applicant filed a chamber summons dated 8th October 2025 under Paragraph 11(2) of the Advocates (Remuneration) Order and Sections 1A, 1B and 3A of the Civil Procedure Act, seeking review or setting aside of a taxing officer's ruling of 24th September 2025 on Item 1 of his party and party bill of costs, or alternatively referral for taxation before another taxing officer. The underlying suit, an adverse possession claim by the plaintiff/respondent, was dismissed on 3rd November 2022 after the plaintiff failed to deposit security for costs, with costs awarded to the defendant. The defendant's bill claimed Kshs.56,255,100 based on a 2016 valuation putting the suit land at Kshs.1.6 billion, but the taxing officer awarded instruction fees of only Kshs.400,000 and total costs of Kshs.435,495, holding that the valuation report did not form part of the pleadings. The plaintiff opposed, arguing the taxing officer acted judiciously, the suit was undefended and terminated pre-trial, and the valuation referred to a property different from those in the originating summons. Applying the Premchand Raichand principles and Joreth Ltd v Kigano & Associates, the court held that since taxation preceded judgment and there was no substantive defence or response to the originating summons, value could not be ascertained from pleadings, and the taxing officer properly exercised her discretion. The chamber summons was dismissed with no orders as to costs.

Key legal issues

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Whether the court should interfere with the taxing officer's ruling on instruction fees

Holding

The application was dismissed; the taxing officer properly exercised her discretion because the valuation report was neither part of the pleadings nor the judgment, and no response was filed to the originating summons from which value could be ascertained

Reasoning

Applying Premchand Raichand and Joreth Ltd v Kigano & Associates, the court noted the suit was dismissed before a substantive defence was filed, so the property's value could not be ascertained from the pleadings. Although the taxing officer granted leave to file a valuation report, the report did not form part of the judgment or pleadings, and the taxing officer lawfully exercised discretion under Schedule 6. No misdirection in principle or manifest extravagance was demonstrated.

p. 4

Legal principles established

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  • The value of the subject matter for instruction fees, where taxation occurs before judgment, is determined from the pleadings; after judgment, recourse is not had to the pleadings and the taxing officer exercises discretion guided by Schedule 6 of the Advocates (Remuneration) (Amendment) Order 2014
  • A reference against a taxing officer's decision will only be allowed where principles of taxation are breached or the assessment is manifestly extravagant

Court orders

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  1. 1.The chamber summons dated 8th October, 2025 is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Advocates (Remuneration) OrderParagraph 11(2); Paragraph 13A; Schedule 6 Clause 7(d)
  • Advocates Remuneration (Amendment) Order 2014Schedule 6
  • Civil Procedure ActSections 1A, 1B & 3A

Cases cited (2)

  • Premchand Raichand Ltd Another -vs- Quarry services of East Africa Ltd and Another No. 3
    (1972) EA 162
  • Joreth Ltd V Kigano & Associates
    (Civil Appeal 66 of 1999) [2002] KECA 153 (KLR)
Jurisdiction invoked
Paragraph 11(2) of the Advocates (Remuneration) Order and Sections 1A, 1B & 3A of the Civil Procedure Act

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, "Mbugua v Wanjohi (Enviromental and Land Originating Summons E006 of 2020) [2026] KEELC 4171 (KLR)", Case Analysis (2026). ELC suit no. E006 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4171/eng@2026-07-06

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