Akeli v Clerk Migori County Assembly & another (Petition E012 of 2022) [2025] KEELRC 124 (KLR)
The bottom line
#A Kenyan court threw out a Kshs.722,000 costs award because the bill was never served and the fees were unjustified.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant's right to be heard was violated by non-service of the Bill of Costs
Yes - the respondent did not controvert the allegation of non-service, attracting an adverse inference and vitiating the taxation
The applicant attached text messages showing requests regarding the taxation; the respondent's Replying Affidavit and submissions never asserted that service was effected. An affidavit of service would have established service effortlessly. Having failed to controvert, the respondent exposed herself to an adverse inference that the Bill was not served, denying the applicant a hearing and amounting to procedural impropriety.
Whether the Taxing Officer committed an error of principle in awarding Kshs.500,000.00 instruction fees
Yes - the ruling did not set out the relevant factors considered, such as value of subject matter, complexity and conduct of proceedings
Although the Taxing Officer referred to Schedule 6 of the Advocates Remuneration Order and the Joreth principle, her ruling made no reference to the value of the subject matter, complexity of the Petition or conduct of the proceedings to justify instruction fees of Kshs.500,000.00 where the minimum was Kshs.100,000.00. Failure to demonstrate the factors considered disclosed an error of principle justifying reassessment.
Legal principles established
#- A court will only interfere with a Taxing Officer's award where it is based on an error of principle or is so excessive or low as to amount to an injustice
- Service of a Bill of Costs is indispensable; failure to serve and to controvert an allegation of non-service vitiates the taxation for procedural impropriety
Court orders
#- 1.The Ruling of the Taxing Officer dated 7th September, 2023 is hereby set aside
- 2.The Party and Party Bill of costs dated 10th February, 2023 is remitted to be assessed by a different Taxing Officer
- 3.Parties shall bear their own costs
- Jurisdiction invoked
- Reference/review of a Taxing Officer's ruling under the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Akeli v Clerk Migori County Assembly & another (Petition E012 of 2022) [2025] KEELRC 124 (KLR)", Case Analysis (2025). Chamber Summons dated 15th November, 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/124/eng@2025-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.