Kemboy Law Advocates v Narok County Government (Miscellaneous Application E028 of 2023) [2025] KEELRC 971 (KLR)
The bottom line
#A Nakuru employment court threw out a Kshs. 20.7 million fee-taxation ruling because the taxing officer ignored the case's stated value and core costing principles.
What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Officer erred on the value of the subject matter and taxation principles
Yes. The value of the subject matter was ascertainable from the Statement of Claim, and taxation did not conform to key established taxation principles.
Both parties agreed the ruling offended taxation principles. The Statement of Claim contained a prayer for a specific sum, Kshs. 1,102,296,749.05, so the subject matter's value was ascertainable, contradicting the Taxing Officer's finding. The court also noted failure to consider nature, importance and complexity of the brief, labour expended, professional skills, interests of the parties and conduct of proceedings.
Whether the ruling should be set aside and the bill re-taxed
The ruling was set aside; parties were directed to attempt settlement on costs, failing which the bill is to be taxed afresh before a different Taxing Officer.
The court, consistent with its approach in related references between the same parties (Misc. Applications E030 and E035 of 2023), preferred consensual agreement on costs over re-taxation, but provided re-taxation before a different Taxing Officer as a fallback if no settlement is reached.
Legal principles established
#- The value of the subject matter for taxation purposes is ascertainable where the pleadings state a specific sum claimed
- Where parties agree on costs without re-taxation, that course aids fair administration of justice
Court orders
#- 1.The application filed by the Advocate is allowed
- 2.The Ruling of the Taxing Officer is set aside
- 3.Parties to negotiate and explore out-of-court settlement, without the need for re-taxation
- 4.If there is no settlement, the Advocate-Client Bill of Costs be taxed afresh, before a different Taxing Officer
- 5.No order on the costs
- Jurisdiction invoked
- Reference against a Taxing Officer's ruling in a miscellaneous application in E&LRC Cause No. 8 of 2022 (Employment and Labour Relations Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboy Law Advocates v Narok County Government (Miscellaneous Application E028 of 2023) [2025] KEELRC 971 (KLR)", Case Analysis (2025). Miscellaneous Application dated 6th August 2024 (arising from Nakuru E&LRC Cause No. 8 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/971/eng@2025-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.