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MagistrateOtherNot stated on the face of the ruling· [2026] KEMC 270 (KLR)

Sereria v Wangwe & another (Environment and Land Case E007 of 2026) [2026] KEMC 270 (KLR)

Magistrates' Court
8 July 2026
JNJ.P. Nandi
266 words in judgment
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The bottom line

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A Kenyan magistrate taxed the defendants' bill of costs at Kshs. 39,350, cutting fees because the case ended early without a full trial.

What this practically means

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Executive summary

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This is a taxation ruling by Senior Principal Magistrate J.P. Nandi at Kehancha on the defendants' bill of costs dated 3rd June, 2026. The court noted that the underlying suit had been determined in a summary manner by a ruling pursuant to a preliminary objection which was upheld, without going to full trial. Applying Schedule 7 Rule 1(b) of the Advocates Remuneration Order 2014, which fixes the fee on summary determination at 75% of the fees chargeable under item 1(b), the court taxed item 1 at Kshs. 33,750/= out of the Kshs. 45,000/= proposed by defence counsel. Items 2, 3, 4, 5, 6, 9, 12 and 13, being not provided for under Schedule 7, were taxed off the scale (ofi), with the court noting there was no payment proof for filing of submissions. Items 10 and 11 were taxed as drawn, while items 7 and 8 were taxed off the scale for want of proof of payment on the file and in the CTS. The bill was globally taxed at Kshs. 39,350/=. The ruling was delivered virtually at Kehancha on 8th July, 2026, with counsel for both sides present and the parties absent. No authorities were cited. The ruling contains internal date inconsistencies (a 2016 ruling date against 2026 filing dates) and an apparent double treatment of item 13, which practitioners relying on it should verify against the court file.

Key legal issues

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01

Taxation of item 1 of the bill where the suit was determined summarily

Holding

Item 1 taxed at 75% of the item 1(b) fee, yielding Kshs. 33,750/= of the proposed Kshs. 45,000/=

Reasoning

The suit was resolved by a ruling of 29th May pursuant to a preliminary objection dated 16th April, which was upheld, without going to full trial. Schedule 7 Rule 1(b) of the ARO 2014 expressly caps the fee at 75% of the full-trial fee in such cases, so the taxing officer applied that discount to counsel's proposed figure.

p. 1
02

Treatment of items not provided for under Schedule 7 of the ARO 2014

Holding

Items 2,3,4,5,6,9,12 & 13 taxed off the scale (ofi)

Reasoning

Those items find no provision in Schedule 7 of the ARO 2014, and there was no payment proof for filing of submissions, so no instruction fees could be allowed on them.

p. 1
03

Treatment of items drawn to scale and items without proof of payment

Holding

Items 10, 11 & 13 taxed as drawn; items 7 & 8 taxed off the scale (ofi)

Reasoning

Items drawn to scale were allowed as drawn, while items 7 and 8 lacked proof of payment both on the file and in the CTS, warranting taxation off the scale.

p. 1

Legal principles established

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  • Where a suit is determined summarily without full trial, the fee on item 1 is 75% of the fees chargeable under item 1(b) of Schedule 7 of the Advocates Remuneration Order 2014
  • Items not provided for under Schedule 7 of the ARO 2014, and items for which no proof of payment is availed on the file or in the CTS, are taxed off the scale (ofi)

Court orders

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  1. 1.Item 1 of the bill taxed at 75% of the fees chargeable under item 1(b), being Kshs. 33,750/= out of the proposed Kshs. 45,000/=
  2. 2.Items 2,3,4,5,6,9,12 & 13 taxed off the scale (ofi) as they are not provided for under Schedule 7 of ARO 2014, with no proof of payment for filing of submissions
  3. 3.Items 10, 11 & 13 taxed as drawn; items 7 & 8 taxed off the scale (ofi) for lack of proof of payment on the file and in the CTS
  4. 4.The defendants' bill of costs dated 3rd June, 2026 taxed at Kshs. 39,350/=
Jurisdiction invoked
Taxation of costs under Schedule 7 of the Advocates Remuneration Order 2014

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, "Sereria v Wangwe & another (Environment and Land Case E007 of 2026) [2026] KEMC 270 (KLR)", Case Analysis (2026). Not stated on the face of the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/270/eng@2026-07-08

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