Stephen Mwangi & 2 others v Tuskeer Mattresses Limited [2018] KEELRC 2352 (KLR)
The bottom line
#Kenya's Employment Court confirmed advocates cannot multiply instruction fees per claimant in one suit, but are entitled to getting up fees even when cases end without witness testimony.
What this practically means
#Executive summary
#Key legal issues
#Taxation of a non-existent bill of costs
The reference to Kshs. 192,910/- in the taxing officer's ruling was erroneous but immaterial; the taxation was in fact based on the amended bill and the decretal sum
The court found the Deputy Registrar's marks on the amended bill of costs filed on 23rd August 2017. The figure of Kshs. 192,910/- in the opening paragraph of the ruling appeared nowhere on the bills and was not the basis of taxation. The actual taxation of instruction fees was based on the decretal sum of Kshs. 2,436,786/-, which was lawful since the claim was not monetary.
Separate instruction fees for multiple claimants
Rejected - instruction fees are not multiplied per claimant where a single suit with similar instructions and prayers is prosecuted
Rule 62 applies where separate pleadings are delivered for each client. Where singular pleadings are filed and the cause of action is similar, the taxing officer may enhance the fee by a third for complexity but cannot multiply the fee by the number of claimants. The court agreed with Angote J. in Guiseppe Bozzolasco and Desai, Sarvia & Pallan.
Getting up fees where no viva voce hearing
Allowed - getting up fees are due where a denial of liability is filed or issues are joined, including disposal by written submissions
Schedule VI paragraph 2 provides that where a denial of liability is filed or issues for trial are joined by pleadings, a fee for getting up shall be allowed. The court held this covers disposal by written submissions and reviewed the taxing master's decision, awarding one third of the instruction fees.
Legal principles established
#- A court on a reference cannot flippantly interfere with a taxing officer's decision; interference lies only for error of principle or where the sum is inordinately high or low as to warrant interference
- Rule 62 of the Advocates (Remuneration) Order does not permit multiplication of instruction fees by the number of claimants in a single suit
- Getting up fees are awardable where issues are joined by pleadings, including where disposal is by written submissions
Court orders
#- 1.Review of the taxing master's decision to allow getting up fees being a third of the instruction fees, Kshs. 49,578.70
- 2.Costs of the reference set at Kshs. 10,000/- to the Claimants
- Jurisdiction invoked
- Sections 1A, 1B, 3A of the Civil Procedure Act and Rule 11(1) & (2) of the Advocates (Remuneration) Order 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Mwangi & 2 others v Tuskeer Mattresses Limited [2018] KEELRC 2352 (KLR)", Case Analysis (2018). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2352/eng@2018-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.