Samuel Waweru Maina v The Trustees Of Sisters Of Mary Immaculate (K) Being Sued As Proprietors Of Mary Immaculate Secondary School [2014] KEELRC 1303 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Applicable remuneration schedule for taxation of costs of an Industrial Court award
Schedule VI of the Advocates (Remuneration) Amendment Order, 2009 is the correct schedule; Schedule VII applies only to subordinate courts
Article 162(2) establishes the Industrial Court with original jurisdiction over employment and labour matters, and section 12 of the Industrial Court Act sets out its jurisdiction. The Court is a superior court for all purposes; its proceedings, orders and decrees are handled like those of any other superior court. Applying Schedule VII, which applies to awards within the pecuniary jurisdiction of subordinate courts, would demean the court's orders on costs.
Interference with a taxing officer's decision
A taxing officer's decision will not be disturbed unless based on an error of principle or the fee is manifestly excessive; no error was found here
The respondent relied on First American Bank v Shar for the test of error of principle or manifestly excessive fees. The court held the taxing officer, as an officer of the court, assessed costs under the schedule correct for this court, and the award of costs followed the event under Rule 29(1), so the objection failed.
Legal principles established
#- The Industrial Court is a superior court and its awards are taxed under Schedule VI of the Advocates (Remuneration) Order, 2009, not Schedule VII which applies to subordinate courts
- Under Rule 29(1) of the Industrial Court Rules, costs follow the event unless the court for good reasons otherwise orders
Court orders
#- 1.Application dated 7th May 2014 dismissed with costs
- 2.Schedule VI of the Advocates (Remuneration) Amendment Orders, 2009 declared the correct schedule applicable
- 3.Where the taxing officer has not applied Schedule VI, the same to be reviewed and applied within seven (7) days, and the matter to be mentioned in fourteen (14) days to confirm compliance before final orders on costs payable
- Jurisdiction invoked
- Article 162(2) of the Constitution; Industrial Court Act, section 12
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Waweru Maina v The Trustees Of Sisters Of Mary Immaculate (K) Being Sued As Proprietors Of Mary Immaculate Secondary School [2014] KEELRC 1303 (KLR)", Case Analysis (2014). Chamber Summons dated 7th May 2014 (arising from Industrial Court cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1303/eng@2014-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.