Kemboy Law Advocates v Narok County Government (Miscellaneous Application E030 of 2023) [2025] KEELRC 991 (KLR)
The bottom line
#The ELRC at Nakuru set aside a taxed legal fee ruling, confirming that a case's value can be read from pleadings, not just settlement orders.
What this practically means
#Executive summary
#Key legal issues
#Ascertainability of the value of the subject matter
The value was ascertainable from the pleadings, where the Claimant pursued gratuity of Kshs. 1,223,827
The Taxing Officer relied only on the consent order, which did not state the settlement sum. The Court held the pleaded claim provided a specific value, making the finding of unascertainability an error of principle. Correspondence and communication indicated the settlement sum of Kshs. 1,313,921 was paid to the Claimant.
Errors of principle in taxation
Errors of principle existed, warranting re-taxation, and both parties agreed the ruling should be set aside
Both the Advocate and the Client, though ostensibly on opposite sides, submitted that the Taxing Officer misdirected herself in law and principle, including on the 50% increase and VAT application. The Court accepted the consensus and set the ruling aside, while observing the sum taxed was not inordinately high or low.
Commissioning of affidavits
Commissioners for Oaths must not obliterate details on affidavits when commissioning them
The Client's affidavit bore the Commissioner for Oaths' stamp and signature over the date, obscuring the month it was sworn. The Court cautioned against this practice, though it did not affect the determination, which proceeded on affidavits and submissions by consent.
Legal principles established
#- The value of the subject matter for taxation may be ascertained from the pleadings, not only from a consent order
- A court cannot decline consensual orders agreed to by the parties
Court orders
#- 1.The reference is allowed and the Ruling of the Taxing Officer set aside by consent of the Parties, as expressed in their respective Submissions
- 2.The Advocates to consult and agree on settlement of the Bill of Costs out of Court
- 3.Failing that agreement, the Bill of Costs shall be re-taxed by a different Taxing Officer
- 4.No order on the costs
- Jurisdiction invoked
- Reference against a Taxing Officer's ruling on an Advocate-Client Bill of Costs, under the applicable costs taxation framework of this Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboy Law Advocates v Narok County Government (Miscellaneous Application E030 of 2023) [2025] KEELRC 991 (KLR)", Case Analysis (2025). Reference dated 6th August 2024 (relating to Advocate-Client Bill of Costs taxed at Kshs. 304,213). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/991/eng@2025-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.