Tuimising v Lule (Cause 1688 of 2017) [2024] KEELRC 204 (KLR)
The bottom line
#Kenya's Employment Court refused to overturn a taxed costs award of Kshs 160,740, confirming judges rarely disturb a taxing officer's decision unless there is an error of principle.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Taxing Officer erred in law and principle while taxing the Party and Party Bill of Costs herein and thereby reached a wrong assessment
Key legal issues
#Whether the Taxing Officer erred in principle in taxing the instruction fees at Kshs 75,000
No error; the judgment of Kshs 83,688.24 was the value of the subject matter and Kshs 75,000 was the basic instruction fee under Schedule 6 Part A of the Advocates Remuneration Order, strictly taxed to scale
The Court applied the principle that subject matter value is ascertained from the pleadings, judgment or settlement. Since judgment was entered for Kshs 83,688.24, the applicable scale under Schedule 6 Part A for values not exceeding Kshs 500,000 prescribed Kshs 75,000 as instruction fees. The Taxing Officer neither increased nor reduced the fee, so no error of principle arose.
Whether the getting up fees and other items (attendances, drawings, perusals) were excessive
The getting up fee of Kshs 25,000 was a third of the instruction fees and taxed to scale; the other items were also taxed to scale, so no basis for interference
As the matter was defended and went to full trial, a getting up fee was payable under the Advocates Remuneration Order. The Kshs 25,000 awarded represented a third of the instruction fees and conformed to scale. The remaining items were likewise taxed to scale and the Court found no fault in the Taxing Officer's exercise of discretion.
Legal principles established
#- A Judge on a reference from taxation will not interfere with the Taxing Officer's discretion unless there is an error of principle; questions solely of quantum are for the taxing officer
- The value of the subject matter for taxation is determined from the pleadings, judgment or settlement, and if not ascertainable, the taxing officer may use discretion
Court orders
#- 1.The Reference is dismissed with no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Deputy Registrar (Taxing Officer - Hon. Fredrick M Nyamora)
- Party and Party Bill of Costs dated 29th March 2023
- Jurisdiction invoked
- Reference to a Judge from taxation by the Taxing Officer under the Advocates Remuneration Order
Relief refused
#Vacation and setting aside of the Taxing Officer's Ruling of 9th August 2023 taxing the Party and Party Bill of Costs at Kshs 160,740 and referral for fresh taxation
No error of principle was established; instruction fees, getting up fees and other items were taxed to scale
Costs
The Reference is dismissed with no orders as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Drawing from the above authorities and bearing in mind the relevant provisions of the 6th Schedule Part A of the Advocates Remuneration Order, I find no error of principle by the Taxing Oficer in assessing the instruction fees in the instant case as to warrant this Court to interfere with the same.
Accordingly, the Reference is dismissed with no orders as to costs.
Issues in the judgment
#The judgment states conflicting figures for the judgment amount - paragraph 3 says the Judgment was Kshs 88,688.24 while paragraph 16 says Kshs 83,688.24; paragraph 3 also refers to Kshs 88,699.24 in paragraph 13
Numbering error in the judgment - a paragraph numbered '11.' appears twice, with '15.' immediately followed by a second '11.'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tuimising v Lule (Cause 1688 of 2017) [2024] KEELRC 204 (KLR)", Case Analysis (2024). Chamber Summons Application dated 15th August 2023 (Reference). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/204/eng@2024-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.