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Kenya Case Law

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Civil procedure [2026] KEHC-DR 16 (KLR)

Murimi & 2 others (p/a Murimi, Ndumia, Mbago and Muchela Advocates) v APA Insurance Co. Ltd

Murimi & 2 others (p/a Murimi, Ndumia, Mbago and Muchela Advocates) v APA Insurance Co. Ltd (Miscellaneous Civil Application E363 of 2025) [2026] KEHC-DR 16 (KLR) (26 August 2026) (Ruling)

The matter’s subject value could not be determined from the record, so the taxing officer applied Schedule 7 of the Advocates Remuneration Order, 2014. Considering the nature of the matter and the applicable principles, the claimed instruction fee of Kshs.65,000 was excessive and was taxed down by Kshs.15,000. Attendances and disbursements were allowed as drawn because they were reasonable and supported. Applying advocate-client scaling and VAT, the bill was taxed at Kshs.177,906.30.

  • Taxation of advocate-client bill of costs
  • Instruction fees
  • Discretion of taxing officer
  • Vat on legal fees
  • Reasonableness of costs
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Advocates' remuneration [2026] KEHC 13124 (KLR)

Murimi & 2 others p/a Murimi, Ndumia, Mbago and Muchela Advocates v APA Insurance Company Ltd

Murimi & 2 others p/a Murimi, Ndumia, Mbago and Muchela Advocates v APA Insurance Company Ltd (Miscellaneous Civil Application E269 of 2025) [2026] KEHC 13124 (KLR) (26 August 2026) (Ruling)

The subject matter value was not determinable, so Schedule 7(2) applied. Considering the nature of the matter and the applicable principles on reasonableness, the court found the requested instruction fee excessive and reduced it to Kshs. 50,000.00. Unsupported attendances 12 and 15 were disallowed, while supported service items and disbursements were allowed, resulting in a taxed total of Kshs. 125,815.00.

  • Instruction fees
  • Schedule 7(2) of the advocates remuneration (amendment) order 2014
  • Advocate-client costs
  • Taxation of costs
  • Vat on costs
  • Disbursements
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Civil procedure [2026] KEMC 548 (KLR)

Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another

Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another (Miscellaneous Application E590 of 2021) [2026] KEMC 548 (KLR) (20 August 2026) (Ruling)

The court taxed the bill strictly item by item, allowing only items properly drawn, supported by receipts or evidence, and reasonable in quantum, while taxing off unsupported or excessive claims; it then added VAT to the net taxed amount.

  • Taxation of auctioneer's bill of costs
  • Commission on attachment proceeds
  • Disbursements and receipts
  • Vat on taxed costs
  • Reasonable transport and service expenses
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Civil procedure [2026] KEMC 589 (KLR)

Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Limited & another

Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Limited & another (Miscellaneous Application E588 of 2021) [2026] KEMC 589 (KLR) (20 August 2026) (Ruling)

The court taxed the bill item by item, allowing only charges that were properly drawn under the Auctioneers Rules or reasonably proved, striking out unsupported claims for inventory, other disbursements, and process server’s fees, and substituting reasonable amounts where claimed transport expenses were not proved. The final taxed amount was Kshs. 114,435.27.

  • Taxation of auctioneer’s bill of costs
  • Auctioneers fees rules
  • Assessment of disbursements
  • Proclamation and attachment expenses
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Civil procedure [2026] KEELC 5345 (KLR)

Gichimu t/a Muhoho Gichimu & Company AdvocateAdvocate v Wanjau

Gichimu t/a Muhoho Gichimu & Company AdvocateAdvocate v Wanjau (Environment and Land Miscellaneous Case E033 of 2025) [2026] KEELC 5345 (KLR) (19 August 2026) (Ruling)

The taxing master committed an error of principle by assessing instruction fees at Kshs 18,900 without properly anchoring the fee to the judgment value of Kshs 200,000 and the governing principles on taxation; the taxation therefore could not stand and had to be remitted for reassessment.

  • Taxation of costs
  • Instruction fees
  • Reference against taxing master’s decision
  • Interference with taxation
  • Appeal fees in advocate-client bill
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Civil procedure [2026] KEELC 5270 (KLR)

Gichuki (Suing as on of the administrators of Estate of Jairus Gichuki Peter) v Mwananchi Credit Ltd

Gichuki (Suing as on of the administrators of Estate of Jairus Gichuki Peter) v Mwananchi Credit Ltd (Environment and Land Miscellaneous Case E193 of 2025) [2026] KEELC 5270 (KLR) (12 August 2026) (Ruling)

The application failed because the applicant did not seek any prayer to set aside or vary the consent order dated 27 October 2025, yet the relief sought, especially instalment payment and stay, would contradict that consent. Without attacking the consent directly, the court could not properly entertain the motion or grant the requested orders.

  • Stay of execution
  • Consent orders
  • Payment of costs from estate
  • Execution of costs decree
  • Instalment payments
  • Representative capacity litigation
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Civil procedure [2026] KEHC-DR 14 (KLR)

John & 2 others v Oduor

John & 2 others v Oduor (Civil Appeal 143 of 2017) [2026] KEHC-DR 14 (KLR) (11 August 2026) (Ruling)

The bill was taxed under the 2014 Advocates Remuneration Order because the matter was instructed in 2017 and concluded in 2023. Instruction fees were assessed from the lower court judgment value, but the claimant was bound by the pleaded amount and was taxed at the sum sought. Getting up fees were disallowed because the court had not certified the appeal as a proper case for such fees. The remaining challenged items were either allowed as drawn or taxed down to the stated amounts.

  • Taxation of party and party bill of costs
  • Instruction fees
  • Getting up fees
  • Value of subject matter
  • Appeal costs
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Civil procedure [2026] KEHC 12817 (KLR)

Omusindi t/a Morgan Omusindi Law Firm Advocates v Walusuna

Omusindi t/a Morgan Omusindi Law Firm Advocates v Walusuna (Miscellaneous Civil Application E313 of 2025) [2026] KEHC 12817 (KLR) (11 August 2026) (Ruling)

The bill was unopposed, but the taxing officer independently assessed it. Because the subject matter value was not discernible from the record, Schedule 7(2) applied. Considering the nature of the claim and the work done, instruction fees were taxed at Kshs.50,000.00; that figure was then enhanced by one-half for advocate-client costs and subjected to VAT. Several additional items were taxed off for not being provided by Schedule 7 or for excessive claim, resulting in a final taxed amount of Kshs.109,700.00.

  • Taxation of advocate-client bill of costs
  • Instruction fees
  • Schedule 7 of the advocates remuneration order
  • Vat on legal fees
  • Reference period after taxation
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Civil procedure [2026] KEHC 12894 (KLR)

Sawe & 133 others & another v Rono & 3 others

Sawe & 133 others & another v Rono & 3 others (Miscellaneous Application 31 of 2019) [2026] KEHC 12894 (KLR) (31 July 2026) (Ruling)

The court was satisfied the applicant had made out a case for release of the Kshs. 150,000 security deposit and the original logbook, but found no basis to compel Anyone Auctioneers to refund Kshs. 180,000. Costs were ordered to lie where they fell.

  • Refund of security deposited in court
  • Release of logbook held as security
  • Application for refund of auctioneer’s fees and storage charges
  • Consent orders
  • Costs of application
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Advocacy and remuneration [2026] KEHC 12386 (KLR)

Mumma and Kanjama Advocates v Gibb (Africa) Ltd

Mumma and Kanjama Advocates v Gibb (Africa) Ltd (Miscellaneous Application E504 of 2024) [2026] KEHC 12386 (KLR) (Commercial and Tax) (31 July 2026) (Ruling)

The court held that the Certificate of Taxation for Kshs. 13,683,070 remained unchallenged by any reference and was therefore conclusive for purposes of entry of judgment under section 51(2) of the Advocates Act. The respondent’s notice of objection and belated reliance on the consultancy agreement did not displace the certificate. Interest was allowed, but only under paragraph 7 of the Advocates Remuneration Order from 19th July 2024, not from the date of instruction.

  • Entry of judgment on certificate of taxation
  • Advocate-client bill of costs
  • Interest on costs
  • Reference against taxation
  • Retainer/agreement on fees
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