Mwamunga & another v Mzungu (Civil Appeal (Application) E208 of 2023) [2026] KECA 42 (KLR)
The bottom line
#Kenya's Court of Appeal upheld a Kshs.300,000 instructions fee, confirming taxing officers' fee awards stand unless you prove an error of principle.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of a Single Judge to hear a reference attacking the quantum of instructions fee
The court has jurisdiction because the applicant challenged the principles applied, not quantum alone; inordinately low or high awards are matters of principle and law.
Rule 117(3) bars references on quantum only, but Rule 117(1) permits referral of matters of law or principle. The court held that where the applicant contends that irrelevant or wrong principles were applied, the complaint transcends quantum and confers jurisdiction on the Single Judge.
Whether the taxing officer erred in principle in awarding Kshs.300,000 as instructions fee
No error of principle; the taxing officer considered the applicable principles including legal complexity and volume of work, and the amount was fair and reasonable.
The appeal was an interlocutory appeal on the applicant's status as a beneficiary, not on distribution of the estate, and raised no exceptional legal complexity or voluminous records. The claimed estate value of Kshs.1.4 billion was unsubstantiated by any valuation report, and per Joreth Limited the subject matter value must be ascertained from the pleadings, judgment or settlement.
Legal principles established
#- A reference under Rule 117 lies where a party challenges not merely quantum but an error of law or principle, or an award that is manifestly excessive or manifestly inadequate; a challenge to quantum alone is barred.
- The value of the subject matter for purposes of taxing instructions fee is ascertained from the pleadings, judgment or settlement; if not so ascertainable, the taxing officer may exercise discretion to assess a just fee.
Court orders
#- 1.The Reference is dismissed with costs to the respondent
- On appeal from
- Taxing Officer, Court of Appeal
- Ruling on Bill of Costs dated 16th May 2025
- Jurisdiction invoked
- Rule 117 of the Court of Appeal Rules, 2022 (reference from a taxing officer's decision to a Single Judge)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwamunga & another v Mzungu (Civil Appeal (Application) E208 of 2023) [2026] KECA 42 (KLR)", Case Analysis (2026). Not stated in the judgment (Reference under Rule 117 of the Court of Appeal Rules, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/42/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.