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ELRCDismissedCause No 1002 of 2015· [2024] KEELRC 1714 (KLR)

Nyaundi v Kilgoris Klassic Sacco Limited (Cause 1002 of 2015) [2024] KEELRC 1714 (KLR)

Employment and Labour Relations Court
28 June 2024
OKOcharo Kebira
1,423 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court refused to reduce legal costs of Kshs 206,200, confirming taxing officers' decisions stand unless you prove a clear error.

What this practically means

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Executive summary

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The Respondent filed a reference under paragraph 11 of the Advocates Remuneration Order, by Chamber Summons dated 2nd February 2023, seeking to set aside, alter or review the Taxing Master's decision of 25th August 2022 taxing the Claimant's party and party costs at Kshs. 206,200/-. The Respondent argued the taxed amount was nearly equal to the judgment sum of Kshs. 210,000/-, was excessive and oppressive, that instruction fees should have been Kshs. 75,000/- as the case was not certified complex, and that no reasons for taxation were furnished. The Claimant opposed, asserting the Taxing Master had issued detailed reasons on 6th February 2023 and that the bill was taxed strictly to scale. The court framed a sole issue: whether the orders sought in the Chamber Summons should be granted. Relying on Rogan-Kamper v Lord Grosvenor and Kipkorir, Tito & Kiara Advocates v Deposit Protection Fund Board, the court reiterated that a taxation order may be disturbed only on an error of principle or where the sum is manifestly excessive or inadequate. The court found reasons for taxation were duly issued by Taxing Master Daisy Mutai, Deputy Registrar, applying Schedule 6A of the Advocates Remuneration Order 2014; instruction fees of Kshs. 75,000/- and getting up fees of Kshs. 25,000/- were correctly assessed, and all items taxed to scale. The Chamber Summons also failed to challenge specific items with particularity. The reference was dismissed. No express costs order appears in the judgment.

Key legal issues

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Whether the Court should disturb the Taxing Master's taxation of the party and party bill of costs

Holding

The reference was dismissed; the Taxing Master applied the correct scale under the Advocates Remuneration Order 2014 and committed no error of principle

Reasoning

A Taxing Master exercises discretion, interference only on error of principle. The reasons for taxation were duly issued on 6th February 2023, showing the bill was taxed to scale under Schedule 6A of the ARO 2014, with instruction fees at Kshs. 75,000/- and getting up fees at one-third thereof. The Chamber Summons did not challenge specific items with particularity, and the Court declined to speculate.

p. 3

Legal principles established

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  • A court on a reference will not interfere with a Taxing Master's exercise of discretion unless an error of principle is demonstrated or the sum allowed is manifestly excessive or inadequate

Court orders

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  1. 1.The reference dated 2nd February 2023 is dismissed, the Taxing Master's decision of 25th August 2022 taxing the party and party costs at Kshs. 206,200/- standing

Authorities

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Legislation

  • Advocates Remuneration OrderParagraph 11; Schedule 6A; Schedule 6 paragraphs 1(b), 2, 4(a), 4(d), 4(f), 9
  • Constitution of KenyaArticles 159(2)(d) and 48
  • Civil Procedure ActSection 1B
  • Civil Procedure RulesOrder 21 Rule 1

Cases cited (2)

  • Rogan-Kamper v Lord Grosvenor (No 3)
    [1977] eKLR
  • Kipkorir, Tito & Kiara Advocates v Deposit Protection Fund Board
    [2005] eKLR
Jurisdiction invoked
Paragraph 11 of the Advocates Remuneration Order (reference from a Taxing Master's decision)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nyaundi v Kilgoris Klassic Sacco Limited (Cause 1002 of 2015) [2024] KEELRC 1714 (KLR)", Case Analysis (2024). Cause No 1002 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1714/eng@2024-06-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.