Nyikaland International Technologies Group Ltd & another v Rafiki Microfinance Bank Ltd & another (Environment and Land Appeal E019 of 2023) [2026] KEELC 4318 (KLR)
The bottom line
#Kenya's Environment and Land Court corrected a taxing officer's mistake, reviving a costs bill for proper taxation instead of awarding the money directly.
What this practically means
#Executive summary
#Key legal issues
#Whether the Deputy Registrar's dismissal of the Party and Party Bill of Costs for want of jurisdiction was an error apparent on the face of the record warranting review
Yes. The Bill of Costs arose from the dismissal of the appeal before the Environment and Land Court, not from the Chief Magistrate's Court proceedings, so the taxing master's finding was erroneous.
The court traced the history: the appeal was dismissed on 22nd October 2024 with costs to the Applicant; a Bill of Costs dated 10th December 2024 was filed to give effect to that order. The Deputy Registrar wrongly assumed the Bill emanated from the lower court proceedings. The error was self-evident and justified review under Section 80 of the Civil Procedure Act and Order 45 Rule 1.
Whether the court could allow the Bill of Costs as drawn
No. Taxation is in the first instance the function of the Deputy Registrar, and the court cannot assess untaxed costs.
Although the Applicant sought to have the Bill allowed as drawn, the court held that taxation is the statutory mandate of the taxing officer. Since the Bill had not been taxed, the court remitted it to another Deputy Registrar rather than itself quantifying the costs, thereby respecting the division of functions.
Legal principles established
#- Where an appeal is dismissed with an express order awarding costs, the respondent becomes entitled to have those costs taxed by the taxing officer of that court.
- Taxation of costs is in the first instance a function of the Deputy Registrar, which the judge cannot usurp by assessing untaxed costs.
Court orders
#- 1.The ruling delivered on 2nd April 2025 dismissing the Party and Party Bill of Costs dated 10th December 2024 is hereby reviewed and set aside.
- 2.The Party and Party Bill of Costs dated 10th December 2024 shall be placed before another Deputy Registrar for taxation in accordance with the law.
- 3.The costs of this application are awarded to the Applicant.
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45, Rule 1 of the Civil Procedure Rules (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyikaland International Technologies Group Ltd & another v Rafiki Microfinance Bank Ltd & another (Environment and Land Appeal E019 of 2023) [2026] KEELC 4318 (KLR)", Case Analysis (2026). ELCA No. E019 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4318/eng@2026-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.