[2024] KEELRC 2573 (KLR)
The court found that the Taxing Officer erred in principle by failing to provide an explanation for the computation of instruction fees and getting up fees, and by not applying the graduated scale as set out in the Advocates Remuneration Order. The Taxing Officer simply arrived at a lump sum figure without...
Source-derived case information.
- Citation
- [2024] KEELRC 2573 (KLR)
- Parties
- Applicant: Lucy Rimanto Molonket; Respondent: East Africa Portland Cement
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 198 of 2019
- Procedural Posture
- Taxation Reference / Ruling on Reference Against Taxation of Costs
- Outcome
- Reference allowed; taxation set aside and matter remitted for re-taxation before a different Taxing Officer.
- Judges
- S Radido
- Legal Topics
- Taxation of Costs, Advocates Fees, Remuneration Order, Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Rimanto Molonket
Applicant
East Africa Portland Cement
Respondent
Procedural Posture
Taxation Reference / Ruling on Reference Against Taxation of Costs
Legal Issues
- 1 Whether the Taxing Officer erred in principle in assessing the instruction fees and getting up fees on the Claimant's Bill of Costs.
- 2 Whether the computation of fees was in accordance with the Advocates Remuneration Order.
Ratio Decidendi
The court found that the Taxing Officer erred in principle by failing to provide an explanation for the computation of instruction fees and getting up fees, and by not applying the graduated scale as set out in the Advocates Remuneration Order. The Taxing Officer simply arrived at a lump sum figure without demonstrating the application of the prescribed scales or offering reasons for the amounts taxed. This lack of reasoning and failure to adhere to the statutory framework constituted an error of principle, warranting the setting aside of the taxation and a direction for re-taxation before a different Taxing Officer.
Court Disposition
Reference allowed; taxation set aside and matter remitted for re-taxation before a different Taxing Officer.
Orders
- The Reference is allowed.
- The parties are to appear before a different Taxing Officer for purposes of re-taxing the instructions fees and getting up fees.
Full Case Text
Judgment text and source record
27 paragraphs
Molonket v East Africa Portland Cement (Cause 198 of 2019) [2024] KEELRC 2573 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEELRC 2573 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 198 of 2019
S Radido, J
October 24, 2024
Between
Lucy Rimanto Molonket
Claimant
and
East Africa Portland Cement
Respondent
Ruling
1. Lucy Rimanto Molonket (the Claimant) caused her Bill of Costs to be taxed on 19 August 2024. The Claimant was dissatisfied with the taxation of the instructions fees and consequently, getting up fees.
2. The Claimant, therefore, filed a Reference on 12 September 2024.
3. The Respondent filed a replying affidavit in opposition to the Reference on 2 October 2024.
4. The Court took brief oral submissions from the parties on 23 October 2024.
5. The Court has considered the Reference, affidavits and submissions.
6. It is not in dispute that the Court awarded the Claimant Kshs 15,165,782/-.
7. Paragraph 1(b) of Schedule 6 of the Advocates Remuneration Order sets out the scales of fees applicable. The fees are computed on a graduated basis at the levels of Kshs 500,000/-, Kshs 750,000/-, Kshs 1,000,000/- and ultimately 2% of the balance decretal sum.
8. While taxing the Claimant’s Bill of Costs, the Taxing Officer appears to have simply arrived at the sum of Kshs 403,315/- without any explanation (2% of the Kshs 15,165,782/- awarded in the judgment is Kshs 303,315/-).
9. The Taxing Officer then calculated 1/3 of Kshs 403, 315/- to get the getting up fees of Kshs 134,438/-.
10. This Court, therefore, finds that the Taxing Officer fell into an error of principle.
Orders 11. The Reference is allowed with an order that the parties appear before a different Taxing Officer for purposes of re-taxing the instructions fees and getting up fees.
12. Costs of the Reference in the cause.
DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI ON THIS 24TH DAY OF OCTOBER 2024. Radido Stephen, MCIArbJudgeAppearancesFor Claimant J.A. Guserwa & Co AdvocatesFor Respondent Iseme, Kamau & Maema AdvocatesCourt Assistant Wangu