Awino & another v Ogosi (Administrators to the Estate of Woshington Ogosi Adongo) (Environment and Land Civil Appeal E005 of 2023) [2026] KEELC 5079 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that if you win your case, you get your legal costs unless the judge gives clear written reasons why not.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial magistrate's order that each party bear its own costs, without reasons, should be disturbed
The magistrate erred in principle by denying costs to the wholly successful Appellants without assigning any reason; the appeal on costs was allowed and costs awarded to the Appellants.
Section 27(1) of the Civil Procedure Act provides that costs follow the event unless the court for good reason orders otherwise. The discretion is judicial and must be exercised judiciously. A successful party cannot be denied costs absent unreasonable conduct or other exceptional circumstances, and reasons for departure must be clearly stated. The trial judgment gave no reason for departing from the rule, making appellate interference warranted.
Principles governing a first appeal
The court applies the Selle principles: it reconsiders and re-evaluates the evidence and draws its own conclusions, making allowance for not having seen or heard the witnesses.
As a first appeal, the court is entitled to reconsider the evidence and evaluate it itself while bearing in mind that it neither saw nor heard the witnesses, per Selle v Associated Motor Boat Company and Gitobu Imanyara v Attorney General. However, the substantive findings on liability and counterclaim were not contested, so the appeal was decided purely on the exercise of the costs discretion.
Legal principles established
#- Costs follow the event under Section 27(1) of the Civil Procedure Act, and a court departing from that rule must state clear, sufficient and justifiable reasons; an unexplained denial of costs to a successful party is a misdirection justifying appellate interference.
Court orders
#- 1.Appeal allowed
- 2.Appellants awarded the costs of the suit and counterclaim in the court below
- 3.Appellants awarded the costs of this appeal
- 4.File closed
- On appeal from
- Oyugis Senior Principal Magistrate's Court (formerly Migori ELC No. 67 of 2017)
- ELC No. 29 of 2019
- Jurisdiction invoked
- First appellate jurisdiction under the Civil Procedure Act over appeals from subordinate courts
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Awino & another v Ogosi (Administrators to the Estate of Woshington Ogosi Adongo) (Environment and Land Civil Appeal E005 of 2023) [2026] KEELC 5079 (KLR)", Case Analysis (2026). ELC CIVIL APPEAL NO. E005 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5079/eng@2026-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.