Shadrack Waigwa Ndung’u & 51 others v Nyeri County Government & 3 others [2018] KEELRC 2245 (KLR)
The bottom line
#A Kenyan court ruled that one advocate handling one case for many clients earns instruction fees for that single case, not per client.
What this practically means
#Executive summary
#Key legal issues
#Instruction fees where multiple claimants instruct one advocate in a single suit
Instruction fees are claimable for the one set of pleadings filed; the taxing master properly based taxation on the decretal sum rather than per-claimant fees
The court adopted the Court of Appeal's holding in Desai, Sarvia & Pallan v Tausi Assurance that Rule 62 applies only where separate pleadings are filed for each client. Since the 52 Claimants filed a unitary claim resolved by consent, the taxing master's discretion in disallowing per-claimant instruction fees and basing taxation on the decretal sum of Kshs. 13,128,180/- was neither erroneous nor misguided.
The status of D. Njogu & Co. Advocates v Panafcom Engineers Ltd on instruction fees for multiple claimants
The decision is misapprehended/clarified by the later Court of Appeal decision in Desai, Sarvia & Pallan
Lenaola J. in D. Njogu had held that instruction fees are payable where each of the plaintiffs instructs the advocate. The court held that this position was clarified by the Court of Appeal in Desai, Sarvia & Pallan, and that even where separate pleadings are filed, the taxing officer must still consider whether they were necessary or proper.
Legal principles established
#- Rule 62 of the Advocates Remuneration Order applies only where an advocate instructed by two or more clients files separate pleadings for each client, not where a unitary claim is filed
Court orders
#- 1.The application (reference) dated 29th November 2017 is dismissed with costs to the Claimants/Respondents
- 2.Costs for defending the taxation reference set at Kshs. 25,000/- payable to the advocates for the Claimants/Respondents
- Jurisdiction invoked
- Reference against a taxing officer's ruling under the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shadrack Waigwa Ndung’u & 51 others v Nyeri County Government & 3 others [2018] KEELRC 2245 (KLR)", Case Analysis (2018). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2245/eng@2018-02-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.