[2023] KEHC 21888 (KLR)
The court found that the taxing officer's award of Kshs 120,000 as instruction fees was on the lower side given the nature and importance of the defamation suit, the factors considered under the applicable legal principles, and the discretion required where the value of the subject matter is indeterminate. The court...
Source-derived case information.
- Citation
- [2023] KEHC 21888 (KLR)
- Parties
- Applicant: Makhecha & Gitonga Advocates; Respondent: Standard Group Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E392 of 2020
- Procedural Posture
- Miscellaneous Application / Reference From Taxing Officer's Decision on Bill of Costs
- Outcome
- Reference allowed in part; instruction fee increased; total award adjusted.
- Judges
- AN Ongeri
- Legal Topics
- Taxation of Costs, Instruction Fee Assessment, Defamation Costs, Bill of Costs Reference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Makhecha & Gitonga Advocates
Applicant
Standard Group Limited
Respondent
Procedural Posture
Miscellaneous Application / Reference From Taxing Officer's Decision on Bill of Costs
Legal Issues
- 1 Whether the instruction fee awarded by the taxing officer was appropriate in the circumstances of the defamation suit.
- 2 Whether the taxing officer properly exercised discretion in assessing the instruction fee.
Ratio Decidendi
The court found that the taxing officer's award of Kshs 120,000 as instruction fees was on the lower side given the nature and importance of the defamation suit, the factors considered under the applicable legal principles, and the discretion required where the value of the subject matter is indeterminate. The court exercised its discretion to increase the instruction fee to Kshs 220,000, resulting in a total award of Kshs 490,931.10. The court relied on established authorities regarding the assessment of instruction fees and the factors to be considered in such matters.
Court Disposition
Reference allowed in part; instruction fee increased; total award adjusted.
Orders
- The instruction fee is increased from Kshs 120,000 to Kshs 220,000.
- The total award on the bill of costs is increased by Kshs 150,000 to Kshs 490,931.10.
Full Case Text
Judgment text and source record
25 paragraphs
Makhecha & Gitonga Advocates v Standard Group Limited (Civil Miscellaneous Application E392 of 2020) [2023] KEHC 21888 (KLR) (Civ) (14 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21888 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Miscellaneous Application E392 of 2020
AN Ongeri, J
August 14, 2023
Between
Makhecha & Gitonga Advocates
Applicant
and
Standard Group Limited
Respondent
Ruling
1. This is a reference from the taxing officer’s bill of costs taxed on April 29, 2021 at Kshs 340,931. 10
2. The applicant is contesting only the instruction fee where the taxing officer awarded the applicant Kshs 120,000.
3. The applicant is seeking Kshs 300,000 in respect of instruction fees.
4. The applicant asked the court to consider section 16A of the Defamation Act.
5. The value of the subject matter could not be ascertained from the pleading and since this was a defamation suit.
6. The taxing officer relied on the following factors;i.The nature and importance of the cause or matter.ii.The amount or value of the subject matter.iii.The interest of the parties.iv.The general conduct of the parties.v.The complexity of the issues raised and novel points of law.vi.The time, research and skill expended in the brief.vii.The volume of documents involved.
7. The taxing officer also relied on the authorities of Premacchand Raichand Ltd & AnovQuarry Servies Ea Ltd (1972) EA Pg 162 and RepublicvMinister For Agriculture And Two Others Exparte Sameul Muchiri Wa Njuguna &6 others (2006) e KLR.
8. I find that the amount of Kshs 120,000 was on the lower side and I grant the applicant is granted Kshs 220,000 in respect of instruction fees.
9. The total award is increased by 150,000 = 490,931.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 14TH DAY OF AUGUST, 2023. ………….…………….A. N. ONGERIJUDGEIn the presence of:……………………………. for the Applicant/Advocate................................. for the Respondent/Client