Kemboy Law Advocates v Njonjo & 3 others (Miscellaneous Application E041 of 2024) [2025] KEELRC 442 (KLR)
The bottom line
#The Employment and Labour Relations Court refused to reduce a Kshs 3 million fee award, confirming Kenyan courts rarely overturn a Taxing Master's decision without proof of a clear error of principle.
What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Master's award was excessive or based on error of principle
The application failed; the Court found no basis to interfere with the award of instruction fees.
The Court applied the established test from First American Bank of Kenya v Gulab P. Shah that a Taxing Master's decision stands unless based on an error of principle or the fee is manifestly excessive. The Applicants' claim of an agreement on fees was unsupported by evidence. The quantum of taxation properly belongs to the Taxing Master's discretion, which is judicial and should not be disturbed absent misdirection.
Form of the application (omnibus chamber summons vs proper reference under Paragraph 11)
The Court sidestepped form to decide the matter on its merits in the interest of substantive justice.
The Advocate objected that the Applicants used an omnibus application instead of a proper reference under Paragraph 11 of the Advocates Remuneration Order and breached timelines. The Court held that arguments of form should yield to substantive justice and proceeded to a merit review of the Taxing Master's award.
Legal principles established
#- A Taxing Master's decision should not be interfered with unless based on an error of principle or the fee awarded is so manifestly excessive as to justify an inference of error of principle.
- A Taxing Master may also be interfered with where discretion was not exercised judiciously or relevant considerations were ignored.
Court orders
#- 1.The application dated 8th October 2024 is disallowed
- 2.Costs of the application to the Advocate
- Jurisdiction invoked
- Reference against a Taxing Master's decision under Paragraph 11 of the Advocates Remuneration Order (discussed in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboy Law Advocates v Njonjo & 3 others (Miscellaneous Application E041 of 2024) [2025] KEELRC 442 (KLR)", Case Analysis (2025). Chamber Summons dated 8th October 2024 (arising from Advocate-Client Bill of Costs dated 16th February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/442/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.