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ELCDismissedEnvironment and Land Miscellaneous Case E433 of 2024· [2026] KEELC 6149 (KLR)

Bhavi Enterprises Ltd v Benvar Estates Ltd

Environment and Land Court
18 September 2026
TMT. W. Murigi
1,629 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court dismissed a law firm's challenge to reduced legal fees, confirming that disagreeing with the amount taxed is not enough to overturn it.

What this practically means

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Executive summary

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The Applicant, Bhavi Enterprises Limited, moved the Environment and Land Court at Nairobi by Chamber Summons dated 5th May 2026 under Paragraph 11 of the Advocates Remuneration Amendment Order 2011, seeking to set aside the taxation of 14th April 2026 of its Bill of Costs dated 9th February 2026 and to have the bill re-taxed. The bill had been taxed at Kshs 433,800/- instead of the Kshs 2,806,868.33/- claimed. The Applicant argued that the value of the subject matter was ascertainable from the pleadings as Kshs 103,986,750/-, that the Taxing Officer was bound to apply Schedule 6, Rule 1(b) of the Advocates Remuneration Order, and that reducing instruction fees to Kshs 300,000/- was an unjustified 80% downward deviation amounting to an error of principle. It proposed Kshs 1,800,000/- as a reasonable alternative. The Respondent, Benvar Estates Limited, opposed, contending that no error of principle was demonstrated, that the suit was withdrawn before hearing, and that the Taxing Officer properly exercised discretion considering the stage of proceedings and work done. The Respondent's submissions were not filed. The court framed a single issue: whether the Taxing Officer's decision should be set aside. Applying the Premchand Raichand principles, First American Bank v Shah and Joreth Ltd v Kigano & Associates, the court held that the value of the subject matter is only a starting point and does not displace the Taxing Officer's discretion; that the suit having been determined on a preliminary objection, the reduced fees were proper; and that the Applicant's complaint was merely a challenge to quantum, a reference not being an appeal on quantum. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the Taxing Officer's decision of 14th April 2026 should be set aside

Holding

Dismissed - no error of principle established; the award of Kshs 300,000 instruction fees was a proper exercise of discretion given the suit was withdrawn/determined at preliminary stage

Reasoning

The court applied the Premchand Raichand taxation principles and First American Bank v Shah. The pleaded value of the subject matter is only a starting point; the Taxing Officer retains discretion to adjust fees. The suit ended at a preliminary objection, so reduced instruction fees were justified. The Applicant identified no specific error of principle, only dissatisfaction with quantum, and a reference is not an appeal on quantum.

p. 4

Legal principles established

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  • A court cannot interfere with a taxing officer's decision unless it is shown to be based on an error of principle or the fee is so manifestly excessive or low as to justify such inference
  • Ascertaining the value of the subject matter is only the starting point and does not oust the Taxing Officer's discretion to increase or reduce prescribed fees
  • A reference is not an appeal on quantum; a complaint about the amount awarded without identifying a misapplied principle does not warrant interference

Court orders

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  1. 1.The application (reference) dated 5th May 2026 is dismissed
  2. 2.Costs of the application to the Respondent

Authorities

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Legislation

  • Advocates Remuneration Amendment OrderParagraph 11
  • Advocates Remuneration OrderSchedule 6, Rule 1(b)

Cases cited (4)

  • Republic v Medical Practitioners & Dentists Board & 2 others Ex parte Mary A Omamogo-Nyamogo
    (2017) KEHC 9241 (KLR)

    That a large downward deviation from the scale without justification is an error of principle

  • First American Bank of Kenya v Shah and others
    (2002) 1 EA 64

    Parameters for a court's interference with the Taxing Master's decision

  • Premchand Raichand Ltd and another v Quarry Services of East Africa Ltd and others
    (1972) EA 162

    Principles of taxation

  • Joreth Ltd v Kigano & Associates
    (2002) 2 EA 398

    Where instruction fees cannot be ascertained, the Taxing Officer exercises discretion considering nature, importance and conduct of proceedings

Jurisdiction invoked
Paragraph 11 of the Advocates Remuneration Amendment Order 2011 (reference 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, "Bhavi Enterprises Ltd v Benvar Estates Ltd", Case Analysis (2026). Environment and Land Miscellaneous Case E433 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6149/eng@2026-09-18

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