https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11879

 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MILIMANI** **MILIMANI COMMERCIAL COURTS** **CIVIL DIVISION** **MISC. APPL. NO. E 87 OF 2026** **MNM ADVOCATES LLP** .................................... **ADVOCATE/APPLICANT** **-VERSUS-** **MELCHIZEDEK HOSPITAL LIMITED** ........................ **CLIENT/RESPONDENT** **ARISING FROM** **REPUBLIC OF KENYA** **IN THE SMALL CLAIMS COURT AT NAIROBI** **MILIMANI COMMERCIAL COURTS** **SCCC NO. E2971 OF 2022** **EXECUTIVE SECURITY SERVICES (K) LTD** .............................. **CLAIMANT** **-VERSUS-** **MELCHIZEDEK HOSPITAL LIMITED** ..................................... **RESPONDENT** **ADVOCATE/CLIENT BILL OF COSTS** **RULING AND REASONS FOR TAXATION ON THE APPLICANT’S ADVOCATE – CLIENT BILL OF COSTS DATED 5TH FEBRUARY ,2026** **Introduction** The Applicant filed an Advocate-Client Bill of Costs dated 9thMarch ,2026 urging the Taxing Officer to tax the same at **Kshs.225,100.00** The Bill of Costs relates to legal fees for representing the Respondent in **SCCC NO. E2971 OF 2022** which the Applicant herein represented the Respondent. The Respondent in opposition to the Applicant’s Bill of Costs filed Written Submissions dated 16th July ,2026 The Client/Respondent opposes the Advocate/Client Bill of Costs dated 4th February 2026 on the ground that several items have been drawn contrary to Schedule 7 of the Advocates (Remuneration) Order and do not accurately reflect the nature of the proceedings before the Small Claims Court. While acknowledging that the Advocate was duly instructed to represent the Client in the subordinate court, the Respondent contends that the Bill contains excessive and unsupported claims which should be taxed in accordance with the applicable statutory scale. On instruction fees, the Respondent submits that the Taxing Officer should assess the fee strictly in line with Schedule 7, taking into account the value of the subject matter and the applicable principles governing taxation as set out in established case law. It argues that only a reasonable instruction fee, commensurate with the nature and value of the matter, should be allowed. With respect to filing, service and travelling expenses, the Respondent argues that the Advocate has improperly combined these claims into lump-sum amounts without itemising the charges or providing documentary proof such as receipts, vouchers or stamped pleadings. It submits that only expenses that have been specifically proved and are recoverable under the Advocates (Remuneration) Order should be allowed. Regarding court attendance fees, the Respondent maintains that attendance fees are only recoverable where the court actually sat and substantive proceedings took place. It therefore submits that the attendance on 31st May 2022 is properly chargeable, while the attendance on 23rd June 2022 should not attract any fee because the court did not sit due to the illness of the presiding magistrate. As for the attendances on 18th July 2022 and 21st July 2022, the Respondent contends that only the prescribed attendance fee of Kshs. 1,400.00 is recoverable since the parties merely informed the court that they were negotiating a settlement and later appeared only to record a consent, with no substantive hearing taking place. The Respondent urges the Taxing Officer to tax the Advocate/Client Bill of Costs strictly in accordance with Schedule 7 of the Advocates (Remuneration) Order, disallow or reduce the impugned items that are excessive or unsupported by the court record and documentary evidence, and allow only those fees and disbursements that have been properly proved and are lawfully chargeable. **The Law** I have carefully considered the Bill of Costs filed by the Applicant herein. This is a matter the Applicant was instructed in the year 2022 and hence the applicable **Advocates Remuneration (Amendment) Order** is that of **2014.** **Item No.1 – Instruction Fees** The Applicant seeks **Kshs.90,000.00**. **The Law** The Applicable law is Schedule 7 of the Advocates (Remuneration) (Amendment) No. 2 Order, 2014.In the case of **JORETH LIMITED -Vs- KIGANO & ASSOCIATES, CIVIL APPEAL NO. 66 OF 1997 [2002] 1 E.A 92**, the Court of Appeal held as follows: ***“We would at this stage point out that the value of the subject matter of a suit, for the purposes of taxation of a bill of costs ought to be determined from the Pleadings, Judgment or settlement (if such be the case), but if the same is not ascertainable, the taxing officer is entitled to use his discretion to assess such instruction fee as he considers just, taking into account, amongst other matters, the nature and importance of the cause or matter, the interest of the parties, the general conduct of the proceedings, any directions by the trial Judge and all other relevant circumstances.”*** It is therefore trite law that the instructions fees is calculated from the value of the subject matter which is discerned from the Pleadings, Judgement or Settlement. In the instant case, the value of the subject matter as per the Consent is **Kshs.854,000.00** The higher scale shall be applied as the matter was defended. This item is therefore taxed at **Kshs.90,000.00 (Kshs.30,000.00)** is hereby taxed off. **Items No.2 & 6** – These items relate to service. They are taxed at **Kshs.1400.00 (Kshs.5,600.00 and Kshs.600.00)** respectively are hereby taxed off. **Items No.3-5** -These items relate to attendances they are reasonably drawn to scale and I tax them as drawn. **Items No.7** -These items relate to attendance in court for taxation. The attendances are four including taking the Ruling. This item is taxed at **Kshs.4,000.00** **Advocate and Client Costs** The Advocates Remuneration (Amendment) Order 2014 Schedule VII B on Advocate and Client costs provides that: As between Advocate and Client the minimum fee shall be- 1. The fees prescribed in A above, increased by 50%; or 2. The fees ordered by the Court, increased by 50%; or 3. The fees agreed by the parties under Paragraph 57 of this order increased by 50%; as the case may be, such increase to include all proper attendances on the client and all necessary correspondences. **Instructions fees …………………………….………...…… Kshs. 90,000.00** **Add ½ …………………………………….…………...………. Kshs.45,00.00** **Total ………………………………….…..………..……….. Kshs.135,000.00** **Add 16% VAT………………………………………..………….…21,600.00** **Total ………………………………………………….…...…Kshs.156,600.00** **Add …………………………………………………….……..Kshs.13,100.00** **Total ……………………………………………………...…Kshs.169,700.00** **Conclusion** Based on the foregoing therefore, the Advocate /Applicant Client Bill of Costs dated 9th March ,2026 is hereby taxed at**Kshs.169,700.00 (*Kenya Shillings seventy thousand ,three hundred )*** A total sum of **(Kshs.55,400.00) *(Kenya Shillings fifty five thousand ,four hundred )*** is hereby taxed off from the entire Bill. 14 Days Right to file a Reference. **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **L.A. MUMASSABBA** **PRINCIPAL DEPUTY REGISTRAR** **29.7.2026** **RULING DATED, READ, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI VIA MICROSOFT TEAMS PLATFORM THIS 29TH DAY OF JULY,2026** **In the presence of :** M/s Atieno for the Applicant M/s Njoroge for the Respondent