Mbugua v Kenya Airports Authority (Cause 805 of 2018) [2025] KEELRC 3015 (KLR)
The bottom line
#Kenya's Employment Court ordered a fresh taxation of costs before a different taxing officer because the original officer never gave reasons for her decision.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of the objection and reference under paragraph 11 of the Advocates Remuneration Order
The applicant's objection letter dated 23rd May 2025 (received 28th May 2025) was lodged within the required time, and the absence of any response from the Deputy Registrar justified the filing of the reference
The court noted the objection was made on 28th May 2025, within the required time, despite the respondent's claim that the reference was filed out of time. The court found no indication that the Deputy Registrar ever responded to the request for reasons, which the court treated as explaining and legitimating the course the applicant took.
Whether the taxation was properly conducted
Given the objection raised by the applicant and the failure to give reasons, the taxation was to be conducted afresh by a different taxing master
The applicant contested that the taxing mistress erred in law in taxing the party and party bill of costs because reasons for the decision were not given. The court accepted that, in light of the objection and the lack of reasons from the Deputy Registrar, the appropriate remedy was remittal for fresh taxation before a taxing officer other than Hon Aziza.
Legal principles established
#- An aggrieved party may, within 14 days of the taxing officer's decision, write to the Taxing Officer citing the items objected to; the word 'may' confers a discretion whether to lodge such an objection within the specified timeline
- Where a taxing officer fails to respond to an objection seeking reasons for the taxation decision, and the objection was lodged within time, the court may remit the taxation for fresh taxation before a different taxing officer
Court orders
#- 1.The taxation of the Party and Party Bill of Costs is remitted back to be taxed by a different taxing master/mistress other than Hon Aziza
- 2.Costs in the cause
- Jurisdiction invoked
- Reference against a taxing officer's decision under paragraph 11 of the Advocates Remuneration Order (court's supervisory jurisdiction over taxation)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbugua v Kenya Airports Authority (Cause 805 of 2018) [2025] KEELRC 3015 (KLR)", Case Analysis (2025). Chamber Summons dated 16th March 2025 (Employment and Labour Relations Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3015/eng@2025-10-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.