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ELCPartially AllowedChamber Summons dated 22.10.2024 (arising from taxation of Bill of Costs dated 20.1.2021; originating from Mukurweini PMCC No. 4 of 2011)· [2026] KEELC 4199 (KLR)

Gichoho v Karweru t/a Karweru Advocates (Miscellaneous Application E014 of 2021) [2026] KEELC 4199 (KLR)

High Court of Kenya
23 June 2026
4,096 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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Kenya's High Court nullified a lawyer's taxed fees of Ksh. 140,374.50 because the taxing officer failed to explain how she calculated them, ordering a fresh taxation before a different officer.

What this practically means

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Executive summary

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This ruling by M. D. Kizito, J of the High Court at Nyeri determined a reference under rule 11 of the Advocates (Remuneration) Order by John Macharia Gichoho (client) against the taxing officer's decision of 7.10.2024 taxing the advocate-client bill of costs of Karweru Muchemi Charles (advocate) at Ksh. 140,374.50. The bill arose from Mukurweini PMCC No. 4 of 2011. The applicant sought review and setting aside of the assessment, retaxation taking into account fees he had paid and monies paid by the defendant in the underlying suit but held by the advocate, or in the alternative remittal to a different taxing officer. The respondent argued the reference was incompetent, filed one day late and without the impugned ruling, and that no error of principle was shown. The court held that the one-day delay and the alleged omission did not justify striking out the reference, noting 24 related files and that the ruling was in fact annexed. On the merits, the court found the taxing master erred in principle: she failed to explain how she arrived at Ksh. 140,374.50 despite a judgment sum of Ksh. 36,000 and instruction fees of Ksh. 10,000, and the legal fees paid did not reflect in the awarded costs. However, the claim for monies withheld by the advocate was held to be outside the scope of an advocate-client taxation. The court set aside the taxing officer's ruling and remitted the bill for fresh taxation before a taxing officer other than Hon. Angima, Deputy Registrar, with each party bearing their own costs.

Key legal issues

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01

Interference with the taxing officer's discretion

Holding

The court may disturb the decision only on an error of principle, not on questions solely of quantum

Reasoning

The court restated the First American Bank principles: interference requires an error of principle or a manifestly excessive fee. Quantum alone is the taxing officer's domain. Here the taxing master failed to state how she arrived at Ksh. 140,374.50 and the legal fees paid did not reflect in the awarded costs, amounting to an error of principle justifying remittal for fresh taxation before a different taxing officer.

p. 12
02

Competency of the reference (one day late; ruling allegedly not attached)

Holding

The delay of one day and the alleged omission did not warrant striking out the reference

Reasoning

The court noted 24 related files in the tax assessment dispute, the applicant acting in person, and that the ruling was in fact annexed to the supporting affidavit. A one-day delay would not sweep the applicant from the seat of justice, and the court has discretion under rule 11(4) to enlarge time.

p. 16
03

Whether withheld monies from the underlying suit could be set off in the advocate-client bill

Holding

Such claims fall outside the taxation and cannot be counterclaimed or set off

Reasoning

The bill of costs is restricted to advocate-client costs. Any claim that the defendant's payment was withheld by the advocate must be pursued separately; it is not within the purview of the taxing master or the reference.

p. 18

Legal principles established

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  • A judge may interfere with a taxing officer's decision only where it is based on an error of principle or the fee awarded is manifestly excessive as to justify an inference of error of principle
  • Where the taxing officer errs in principle, the normal practice is to remit the bill back for reassessment
  • A taxing officer must disclose the basis on which she arrived at the taxed figure; discretion must be exercised on transparent, just criteria

Court orders

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  1. 1.The Ruling and Order of the Taxing Officer dated 7.10.2024 be and is hereby set aside and the Bill of Costs dated 20.1.2021 remitted back for taxation by a taxing officer other than Hon. Angima, Deputy Registrar
  2. 2.Each party shall bear their own costs
Jurisdiction invoked
Rule 11 of the Advocates (Remuneration) Order - reference to a judge against a taxing officer's decision

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, "Gichoho v Karweru t/a Karweru Advocates (Miscellaneous Application E014 of 2021) [2026] KEELC 4199 (KLR)", Case Analysis (2026). Chamber Summons dated 22.10.2024 (arising from taxation of Bill of Costs dated 20.1.2021; originating from Mukurweini PMCC No. 4 of 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4199/eng@2026-06-23

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