Limted v Musimbi (Appeal E018"B" of 2024) [2025] KEELRC 2627 (KLR)
The bottom line
#The High Court in Kisumu partially allowed an advocate's challenge to a taxing officer's fees ruling, finding an error of principle on instruction fees but upholding the refusal of getting up fees.
What this practically means
#Executive summary
#Key legal issues
#Whether the taxing officer erred in principle in awarding Kshs.50,000 instruction fees
Yes - the taxing officer relied on the wrong provision and failed to consider the judgment as the basis of subject matter value
The taxing officer applied paragraph 2 of the 6th Schedule (minimum Kshs.25,000) instead of Rule 6(1)(b), which applies to opposing an appeal where the value of the subject matter can be determined from the judgment. Following Peter Muthoka and Mohansons, once judgment is entered, its value governs instruction fees. The reliance on an incorrect provision amounted to an error of principle justifying interference.
Whether the taxing officer erred in refusing getting up fees
No - the taxing officer's finding was affirmed
Getting up fees on appeal are governed by paragraph 3 of the 6th Schedule, which requires the respondent's appearance and certification by the court that the case is proper for a getting up fee in view of the extent or difficulty of the work. The record showed no such certification by the court, so the taxing officer's refusal could not be faulted.
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 high or low as to amount to an injustice
- Where judgment has been entered, the judgment determines the value of the subject matter for purposes of instruction fees, not the pleadings
Court orders
#- 1.The taxing officer's Ruling dated 29th April, 2025 set aside as regards the assessment of instruction fees
- 2.The Party and Party Bill of Costs dated 11th March, 2025 remitted for assessment of the instruction fees by a different taxing officer
- 3.Each party to bear their own costs
- On appeal from
- null - taxing officer's ruling
- null
- Jurisdiction invoked
- Rule 11 of the Advocates Remuneration Order 2014; Sections 14, 3A, 3B and 95 of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Limted v Musimbi (Appeal E018"B" of 2024) [2025] KEELRC 2627 (KLR)", Case Analysis (2025). Appeal E018"B" of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2627/eng@2025-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.