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ELRCPartially AllowedNot stated in judgment· [2024] KEELRC 2131 (KLR)

Malde v Mutsimoto Motors Limited (Employment and Labour Relations Cause 19 of 2020) [2024] KEELRC 2131 (KLR)

Employment and Labour Relations Court
31 July 2024
HWHellen Wasilwa
1,210 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ruled a taxing officer wrongly ignored a court-endorsed payment agreement and sent the costs bill back for re-taxation.

What this practically means

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Executive summary

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The claimant filed a Notice of Motion dated 29th April 2024, expressed as a reference under section 3A of the Civil Procedure Act and Rule 11(1) and (2) of the Advocates Remuneration Order, seeking to set aside the ruling of the taxing officer dated 2nd April 2024 and to direct re-taxation of items 9, 10 and 11 (parts B and C) of the Amended Party to Party Bill of Costs dated 30th June 2023. The taxing mistress had partly allowed the Bill but declined to award the items in parts B and C on the ground that the claimant had not proved the agreement dated 31st March 2020, which governed payment of Kshs. 670,000, costs and interest. The claimant contended that the agreement was produced and adopted by the court in its judgment of December 2021, which decreed the sum and granted costs and interest, so the taxing officer ought to have allowed the items. The reference was canvassed by written submissions; the respondent did not respond despite service. The court framed three issues: proof of the agreement, computation of interest, and propriety of the tabulations. It held that since the agreement was exhibited and relied on in the judgment, the taxing mistress erred in ignoring it. The court remitted the Bill of Costs to the taxing mistress to consider the omitted items and retax the bill bearing in mind the parties' agreement, with costs in the cause.

Key legal issues

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01

Whether the taxing mistress erred in refusing to tax items dependent on the agreement dated 31/03/2020 on the ground that the agreement was not proved

Holding

The taxing mistress erred; the agreement was proved, exhibited, and adopted by the court in its judgment, and should have been considered in taxing the Bill

Reasoning

The agreement dated 31/03/2020 was exhibited in court and formed part of the proceedings. The court's judgment expressly referred to it, recording that the parties entered the agreement detailing how the respondent was to pay Kshs. 670,000 owed to the claimant. Since the court adopted the agreement as the basis of its judgment, the taxing mistress could not disregard it on the ground of non-proof, and the items dependent on it ought to be reconsidered.

p. 3

Legal principles established

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  • A taxing officer errs where she declines to consider an agreement between the parties on the ground that it was not proved, when that agreement was exhibited in court and adopted by the court in its judgment

Court orders

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  1. 1.The Bill of Costs is remitted back to the taxing mistress to consider the omitted items and retax the bill accordingly, bearing in mind the agreement of the parties
  2. 2.Costs in the cause
On appeal from
Taxing Officer / Deputy Registrar (ELRC)
Amended Party to Party Bill of Costs dated 30/06/2023
Jurisdiction invoked
Section 3A of the Civil Procedure Act and Rule 11(1) & (2) of the Advocates Remuneration Order

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, "Malde v Mutsimoto Motors Limited (Employment and Labour Relations Cause 19 of 2020) [2024] KEELRC 2131 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2131/eng@2024-07-31

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