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Case Brief · caselaw.co.ke
High CourtPartially AllowedApplication dated 13th May, 2019

Client v Advocate (Taxation Reference)

High Court of Kenya
29 May 2020
617 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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If a Taxing Master fails to explain how they calculated your legal fees, the High Court can overturn the decision and send the bill back for re-assessment.

What this practically means

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Executive summary

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This was a reference to the High Court challenging a Taxing Officer's ruling delivered on 16th April, 2019 taxing an Advocate/Client Bill of Costs dated 11th October, 2018 at Ksh.301,484/=. The Client, aggrieved by the taxation, sought variation or setting aside of the ruling, contending that the instruction fees of Ksh.270,123.20 allowed under item No. 1 were excessive and based on the wrong value, that a payment of Ksh.150,000/= already made was not taken into account, that some items allowed were not drawn to scale or provided for under Schedule 7 of the Advocates Remuneration Order, and that the Taxing Officer erred in principle by proceeding under Schedule 6. The Advocate opposed, deponing that the underlying suit claimed Ksh.8,004,928.64, that the matter was complex and the Bill drawn to scale under Schedule 7, that full instruction fees were due as the matter had been set down for hearing, and that the Ksh.150,000/= payment had been acknowledged and deducted. The court found that the ruling stated only the items drawn to scale but was silent on the rest, including instruction fees, and gave no reasons for the figures allowed, making it impossible to tell whether the nature of the matter, its conclusion, settlement or general conduct were considered. Applying First American Bank of Kenya Ltd v Shah & others, the court held the Taxing Master erred in principle by failing to reflect the method of assessment. The ruling of 16th April, 2019 was set aside and the Bill of Costs dated 11th October, 2018 referred for taxation before another Taxing Officer.

Key legal issues

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01

Whether the Taxing Officer's ruling disclosed the method of assessment and reasons for the figures allowed

Holding

The Taxing Master erred in principle because the ruling was silent on how most items, including instruction fees, were assessed

Reasoning

The court examined the ruling and found it stated only the items drawn to scale but was silent on the rest, including item No. 1 on instruction fees. Without reasons, the court could not tell whether the nature of the matter, its conclusion, settlement or general conduct were considered, citing First American Bank of Kenya Ltd v Shah & others. Failure to reflect the method of assessment amounted to an error in principle.

p. 2

Legal principles established

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  • A Taxing Master errs in principle where the ruling fails to give reasons showing how the figures in the Bill were arrived at, making it impossible to tell what factors were taken into account

Court orders

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  1. 1.The ruling by the Taxing Officer delivered on 16th April, 2019 is set aside
  2. 2.The Bill of Costs dated 11th October, 2018 is referred for taxation before another Taxing Officer
Jurisdiction invoked
Inherent jurisdiction of the High Court over references from a Taxing Officer's decision on an Advocate/Client Bill of Costs

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Client v Advocate (Taxation Reference)", Case Analysis (2020). Application dated 13th May, 2019. Source: 

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.