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Court of AppealDismissedReference under Rule 117(1) and (3) of the Court of Appeal Rules, 2022· [2025] KECA 1671 (KLR)

Samuel Wainaina Njuguna v Others & 11 Others

Court of Appeal of Kenya
21 October 2025
1,332 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to cut Kshs 547,500 in costs, ruling that challenging a taxed bill requires showing a real legal error, not just wanting a lower figure.

What this practically means

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Executive summary

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This is a single-judge reference before the Court of Appeal at Nakuru under Rule 117(1) and (3) of the Court of Appeal Rules, 2022, challenging the Taxing Master's decision of 26th June 2025 allowing the 5th and 6th Respondents' party and party bill of costs at Kshs. 547,500. The bill arose from seven family-member appeals against an Environment and Land Court judgment concerning a 34-acre parcel of family land; the consolidated appeals were dismissed with costs on 9th May 2024. The Applicants argued the taxation involved errors of principle (no reasons given for allowing the bill as drawn, incorrect paragraph for instruction fees, duplicated attendances for each pre-consolidation file, and judgment delivered electronically) and that the bill was manifestly excessive, proposing Kshs. 50,000 as reasonable instruction fees. The Respondents countered that seven separate appeals with bulky records justified the fees and that consolidation came later. Applying the Premchad, Joreth and Arthur principles, the court held that interference requires an error in principle or manifest excess; the taxing officer had considered the relevant Third Schedule factors, and the absence of elaborate reasoning does not vitiate a taxation where correct principles were applied. Pre-consolidation work on individual files remained chargeable, and family-member status alone cannot reduce properly incurred costs. The reference was dismissed with no orders as to costs.

Key legal issues

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01

Standard of interference with a taxing officer's decision on a Rule 117 reference

Holding

Interference is only warranted on an error in principle or where the sum is manifestly excessive; questions of quantum are for the taxing officer.

Reasoning

The court applied the Premchad and Joreth/Arthur principles: quantum is the taxing officer's domain and intervention is exceptional. The judge held that a party seeking to reduce fees must demonstrate an error of principle, not merely a preference for a lower figure. Seven separate appeals with bulky records justified the instruction fee of Kshs. 500,000 despite later consolidation.

p. 2
02

Effect of consolidation on costs for pre-consolidation work

Holding

Parties who filed multiple appeals cannot later claim costs should be assessed as if only one appeal existed; pre-consolidation work is recoverable.

Reasoning

The Applicants' litigation strategy of filing seven separate appeals created additional work for the successful respondents. Consolidation came later and could not retrospectively erase perusals, attendances and responses on individual files. Item-by-item challenges (case management, hearing, judgment attendance) all failed as the charges were not manifestly excessive even if attendance was virtual.

p. 3
03

Whether family-member status justifies reducing properly incurred costs

Holding

No; family considerations alone cannot justify reducing costs properly incurred by a successful party.

Reasoning

The court acknowledged the litigation concerned family land and that a heavy costs burden may embitter family relations, but held that legal costs follow the event and successful parties are entitled to reasonable reimbursement. The Applicants' own choice to pursue seven appeals, not the respondents, generated the costs.

p. 3

Legal principles established

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  • A judge on a reference under Rule 117 will not interfere with a taxing officer's decision except where the sum allowed is manifestly excessive or low or where the taxing officer acted on a wrong principle.
  • The absence of elaborate reasons does not of itself vitiate a taxation where the record shows the taxing officer applied correct legal principles.
  • Work done on separate appeals before consolidation is properly chargeable notwithstanding the later consolidation.

Court orders

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  1. 1.The reference is dismissed
  2. 2.No orders as to costs
On appeal from
Taxing Master, Court of Appeal
Party and party bill of costs dated 16th March, 2025
Jurisdiction invoked
Rule 117(1) and (3) of the Court of Appeal Rules, 2022

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Samuel Wainaina Njuguna v Others & 11 Others", Case Analysis (2025). Reference under Rule 117(1) and (3) of the Court of Appeal Rules, 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1671/eng@2025-10-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.