Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v British Army Training Unit Kenya [2020] KEELRC 61 (KLR)
The bottom line
#A Kenyan court will only disturb a taxing officer's fee assessment for an error of principle or a plainly excessive or low award.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxing officer's assessment of instruction fees and getting up fees was vitiated by error of principle
No error of principle or manifest excess was established in respect of the instruction and getting up fees; only the inclusion of items that ought not to have been in the bill justified limited interference
The court applied the settled principles from Peter Muthoka and First American Bank v Shah. It found the taxing officer's discretion on instruction fees was wide and there was no evidence of reliance on irrelevant factors or omission of relevant ones. However, items were seemingly repeated in the bill and the Claimant showed such items ought not to have been included, warranting remission to a different taxing officer.
Legal principles established
#- A court may interfere with a taxing officer's decision only on an error of principle or where the fee awarded is manifestly excessive or manifestly low as to justify an inference of error of principle
- The taxing officer must set out the basic fee before venturing to increase or reduce it
- Questions solely of quantum of costs are for the taxing officer, whose discretion is not to be casually interfered with
Court orders
#- 1.Time for filing the notice of objection enlarged and the notice of objection dated 19th June 2020 deemed duly filed
- 2.The bill of costs remitted to taxation by a Taxing Officer other than Hon. Ruth Kefa
- 3.Each party to bear their own costs of the reference
- Jurisdiction invoked
- Rule 11(1) and 11(4) of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v British Army Training Unit Kenya [2020] KEELRC 61 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/61/eng@2020-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.