Kenya Case Law

Republic v Public Procurement Administrative Review Board; Intertek Testing Services EA Limited & another (Interested Parties); Sgs Kenya Limited (Ex parte Applicant)

Republic v Public Procurement Administrative Review Board; Intertek Testing Services EA Limited & another (Interested Parties); Sgs Kenya Limited (Ex parte Applicant) [2025] KEHC 10529 (KLR)

Court

High Court

Case number

Application 496 of 2017

Judge

JM Chigiti

The court found that the applicant failed to provide any tangible or cogent evidence explaining the delay in filing the reference against the Taxing Officer's decision. The statutory requirements under Paragraph 11 of the Advocates Remuneration Order are mandatory, and the applicant did not comply with the requirement to serve a notice of objection specifying the items objected to. The court emphasized that its discretion to enlarge time can only be exercised where a satisfactory and reasonable explanation for delay is provided, which was lacking in this case. The court further held that comp…

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• Taxation Of Costs
• Extension Of Time
• Advocates Remuneration Order
• Judicial Review Costs

Speedman Commercial Agencies v Commissioner of Income Tax & another

Speedman Commercial Agencies v Commissioner of Income Tax & another [2025] KEHC 2409 (KLR)

Court

High Court

Case number

Miscellaneous Application E1177 of 2020

Judge

MA Otieno

The High Court dismissed an application to adopt a certificate of taxation as a decree, finding the applicant had sought costs from the wrong party.

• Certificate Of Taxation
• Party And Party Costs
• Enforcement Of Costs
• Distraint Proceedings
• Judicial Review Costs
• Certificate-of-taxation

Mbugua Atudo & Macharia Advocates v Nairobi City Water & Company Limited

Mbugua Atudo & Macharia Advocates v Nairobi City Water & Company Limited [2024] KEHC 3022 (KLR)

Court

High Court

Case number

Miscellaneous Application E133 of 2022

Judge

J Ngaah

The High Court set aside a taxation of advocate-client costs, holding that the taxing officer gave insufficient reasons for a steep increase in instruction fees.

• Taxation Of Costs
• Advocate Client Costs
• Judicial Review Costs
• Instruction Fees
• Discretion Of Taxing Officer
• Taxation-of-costs

Republic & another v Medical Practitioners & Dentists Board & 2 others; MIO (Suing on Behalf of MIO (A Minor) & 3 others (Interested Parties)

Republic & another v Medical Practitioners & Dentists Board & 2 others; MIO (Suing on Behalf of MIO (A Minor) & 3 others (Interested Parties) [2024] KEHC 2095 (KLR)

Court

High Court

Case number

Miscellaneous Application 59 of 2019

Judge

J Ngaah

The court found that the taxing officer erred in principle by enhancing the instruction fees without adequately demonstrating how the prescribed considerations under the Advocates Remuneration Order were applied to the specific circumstances of the case. The officer merely recited the relevant factors without linking them to the facts, such as the complexity, time spent, or volume of documentation. This failure to justify the enhancement of instruction fees constituted an error in principle, warranting the court's intervention. Consequently, the court ordered that the party and party bill of…

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• Taxation Of Costs
• Judicial Review Costs
• Discretion Of Taxing Officer

BM Mung'ata & Company Advocates v Makiti

BM Mung'ata & Company Advocates v Makiti [2024] KEELC 1109 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E013 of 2022

Judge

LG Kimani

The court partly allowed a reference against taxation of an advocate-client bill, upholding the instruction fee but awarding getting up fees and a 50% increase.

• Advocate Client Costs
• Taxation Of Costs
• Advocates Remuneration Order
• Judicial Review Costs
• Vat On Legal Fees
• Advocate-client-costs

Kenya Motor Sports Federation Limited v Mckean & another (Suing Through Parents and Next Friends Noelle Christine Mckean ) & another

Kenya Motor Sports Federation Limited v Mckean & another (Suing Through Parents and Next Friends Noelle Christine Mckean ) & another [2023] KEHC 23729 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application 22 of 2020

Judge

JM Chigiti

The court found that while the Taxing Master exercised discretion in awarding instruction fees of KES 500,000, she failed to provide specific and not merely general justification for enhancing the instruction fee beyond the prescribed KES 100,000 under the Advocates Remuneration Order. The court emphasized that judicial discretion in taxation must be exercised judiciously and supported by transparent, regular, and reliable criteria, with clear specification of the factors warranting enhancement, such as complexity, novelty, or time spent. In the absence of such specificity, the court held tha…

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• Taxation Of Costs
• Judicial Review Costs
• Instruction Fees
• Advocates Remuneration Order

Republic v Public Procurement Administrative Review Board & another; Sports, Arts and Social Development (Exparte)

Republic v Public Procurement Administrative Review Board & another; Sports, Arts and Social Development (Exparte) [2023] KEHC 22514 (KLR)

Court

High Court

Case number

Application E063 of 2021

Judge

J Ngaah

The court held that the applicant's reference was incompetent as it was filed outside the 14-day period prescribed by paragraph 11(2) of the Advocates Remuneration Order. The reasons for taxation were contained in the taxing officer's ruling delivered on 20 April 2023, and the applicant received the ruling on the same date. The applicant's subsequent notice of objection and request for reasons did not stop time from running, as the reasons were already provided. The reference was filed on 23 May 2023, beyond the statutory period, and no application for extension of time was made. The court fo…

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• Taxation Of Costs
• Advocates Remuneration Order
• Judicial Review Costs
• Reference Out Of Time

Kithi & Co. Advocates v County Government of Kiambu

Kithi & Co. Advocates v County Government of Kiambu [2023] KEHC 18614 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E099 of 2021

Judge

JM Chigiti

The court found that the applicant had complied with the procedural requirements by issuing notice and seeking reasons for the taxing officer's decision. However, the court held that the taxing officer exercised her discretion judiciously, applied the correct legal principles, and considered all relevant factors, including the nature, complexity, and public interest dimension of the matter. The instruction fee awarded was consistent with established case law and not so low as to amount to an injustice. The applicant failed to demonstrate any error of principle or manifestly low award that wou…

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• Taxation Of Costs
• Advocate Remuneration
• Judicial Review Costs
• Public Interest Litigation

CM Advocates LLP v Nairobi City County & another

CM Advocates LLP v Nairobi City County & another [2023] KEHC 4054 (KLR)

Court

High Court

Case number

Miscellaneous Application E202 of 2021

Judge

JM Chigiti

The High Court set aside an enhanced instruction-fee award in a bill of costs reference, finding no specific justification for increasing the minimum fee.

• Taxation Of Costs
• Advocate Remuneration
• Judicial Review Costs
• Exercise Of Discretion
• Instruction Fees
• Bill Of Costs

Njeru Nyaga & Company Advocates v Majestic Security Systems Limited

Njeru Nyaga & Company Advocates v Majestic Security Systems Limited [2023] KEHC 762 (KLR)

Court

High Court

Case number

Miscellaneous Application E006 of 2022

Judge

AK Ndung'u

The High Court allowed a reference against taxation, holding that the taxing officer gave no sufficient basis for enhancing instruction fees above the minimum.

• Taxation Of Costs
• Advocates Remuneration
• Judicial Review Costs
• Discretion Of Taxing Officer
• Taxation-of-costs
• Advocates-remuneration