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The High Court allowed a reference against a taxing officer's ruling on a party-and-party bill of costs, finding an error of principle in the instruction fee and unexplained allowance of challenged items, and remitted the bill for reassessment.
Kenyan ELC ruling dismissing a reference against a taxing master's assessment of instruction and getting-up fees in a multi-respondent constitutional petition, finding the discretion properly exercised.
The High Court allowed an unopposed advocate's application for judgment on taxed Advocate-Client costs of Ksh 167,910 under an unchallenged Certificate of Taxation, with 14% interest and Ksh 10,000 costs.
Ruling on the Plaintiff's party and party bill of costs. E-mail service attracts a Kshs.1,400 award, and attendance fees are allowed at Kshs.1,400 each. The bill was assessed at Kshs.14,600.
The Environment and Land Court dismissed the client's application to set aside the taxing master's award of Kshs.7.17 million in advocate-client costs, finding no error of principle in the instruction and getting up fees.
The High Court set aside taxed party and party costs where the taxing officer relied on expunged loan figures and unproven special damages to value the subject matter, and ordered retaxation before a different officer.
Evans t/a Smart School Enterprises v Secretary Board of Management Friends Bukembe Boys High School (Civil Suit E010 of 2025) [2026] KEMC 557 (KLR) (20 August 2026) (Ruling)
The court held that the subject matter value was Kshs. 462,000/= and that because the matter was settled summarily after the first hearing date, instruction fees were limited to 75% of the applicable scale fee, yielding Kshs. 48,750/=. Attendance costs for dates when neither the Plaintiff nor counsel attended were disallowed, while the properly drawn items were allowed. The bill was therefore taxed at Kshs. 75,495/=.
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Gatei & another v Cherutoi (Miscellaneous Civil Application E013 of 2025) [2026] KEHC 12816 (KLR) (11 August 2026) (Ruling)
The value of the subject matter was ascertainable from the lower court judgment at Kshs 1,547,770, so instruction fees were taxable by applying the remuneration scale. The opposed application fee was taxable at Kshs 5,000 under the applicable schedule. The bill was therefore reduced to the taxed amount stated by the court, and the respondent was granted 14 days to file a reference.
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Hacco Industries Limited & another v Doshi Ironmongers Limited & another (Miscellaneous Application E231 of 2025) [2026] KEHC 12736 (KLR) (7 August 2026) (Ruling)
The court held that although a magistrate’s assessment of party-and-party costs is not a taxation under Rule 11 of the Advocates (Remuneration) Order, the High Court may nonetheless entertain a challenge to it under its supervisory and inherent jurisdiction. The preliminary objection therefore failed. On the merits, however, the magistrate committed no error of principle: the applicable scale was the Advocates (Remuneration) Order 1997 because the suit was filed in 2003 and transfer to the magistrates’ court did not amount to a fresh filing; and the value of subject matter could not be pegged…
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Metto v Aloo Romanus & Co Advocates (Miscellaneous Application E033 of 2025) [2026] KEHC 12627 (KLR) (31 July 2026) (Ruling)
The Applicant failed to demonstrate substantial loss and failed to offer security for due performance, both of which are mandatory considerations for stay; therefore the Court declined to suspend enforcement of the valid and enforceable Certificate of Taxation pending the intended Reference.
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