Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedAdvocate's Reference - Chamber Summons dated 18th December 2024

Otieno & Achieng Advocates v Warera (Miscellaneous Cause E006 of 2024) [2025] KEELC 4134 (KLR)

Environment and Land Court
8 May 2025
517 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan court upheld a Taxing Master's Kshs.50,000 fee award because the advocate failed to prove the case's value from pleadings or judgment.

What this practically means

#

Executive summary

#
This was an Advocate's Reference by way of Chamber Summons dated 18th December 2024, brought under Rule 11 of the Advocates Remuneration Order, challenging the Taxing Master's (Hon. M. Nyigei, Deputy Registrar) decision of 6th December 2024 taxing item 1 of the Advocate's Bill of Costs at Kshs.50,000/-. The Advocate/Applicant contended that the Taxing Master erred by assuming no specific amount was claimed and therefore computing instructions fees on an erroneous basis under Schedule 7 Rule 1(b) of the Advocates Remuneration Order 2014, whereas the subject property was valued at Kshs.900,000/- per acre for 17 acres as pleaded. The Reference was unopposed; the Respondent was served by email on 16th January 2025. The court noted discrepancies: the Bill of Costs gave the suit land's value as Kshs.20,000,000/- with instructions fees of Kshs.540,000/- claimed, while the Chamber Summons and oral submissions valued the 17 acres at Kshs.15,300,000/-. The plaint was not availed to court to verify the pleaded value. The court held that the value of the subject matter is to be ascertained from the pleadings, judgment or settlement, and finding no evidence that the value was so ascertainable, held that the Taxing Master properly exercised her discretion. The Reference was dismissed with no orders as to costs, the Reference being unopposed. Ruling delivered virtually at Kisumu on 8th May 2025 by E. Asati J.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Taxing Master erred in taxing item 1 of the Bill of Costs at Kshs.50,000/- by assuming no specific amount was claimed, thereby computing instructions fees on an erroneous value of the subject matter under Schedule 7 Rule 1(b) of the Advocates Remuneration Order 2014

Key legal issues

#
01

Whether the Taxing Master erred in assessing instructions fees at Kshs.50,000/- under Schedule 7 Rule 1(b) of the Advocates Remuneration Order 2014

Holding

The Reference fails; the Taxing Master's discretion was judicially exercised

Reasoning

The Applicant contended the suit land's value was Kshs.900,000/- per acre for 17 acres, while the Bill of Costs stated Kshs.20,000,000/-. The court found no evidence attached to the application or Bill of Costs showing the value was ascertainable from the pleadings, judgment or settlement. Notably, the plaint itself was not availed to court. In such circumstances the Taxing Master's discretion on instructions fees stands unless shown to have been exercised unjudicially.

p. 2

Legal principles established

#
  • The value of the subject matter for taxation purposes is to be ascertained from the pleadings, judgment or settlement where applicable
  • Where the value of the subject matter is not ascertainable from the pleadings, judgment or settlement, the Taxing Master exercises discretion to tax instructions fees in the circumstances of the case, and that discretion should not be interfered with if exercised judicially

Court orders

#
  1. 1.The Reference is dismissed
  2. 2.No orders as to costs as the Reference was not opposed

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Rule 11 of the Advocates Remuneration Order

Relief refused

#

Review and setting aside of the Taxing Master's decision of 6th December 2024 on item 1 of the Bill of Costs

The Taxing Master exercised her discretion judicially as there was no evidence that the value of the subject matter was ascertainable from the pleadings, judgment or settlement

p. 2

Remittal of the Bill of Costs dated 21st February 2024 for taxation before the same Taxing Master with directions

The Reference was dismissed in its entirety

p. 2

Costs of the Reference to the Advocate/Applicant

The Reference was unopposed

p. 2

Costs

No orders as to costs as the Reference was not opposed

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The value of the subject matter is to be ascertained from the pleadings, judgement or settlement (where applicable).
p. 2ascertainment of value of subject matter for taxation
I find that the Taxing Master exercised her discretion judicially and I find no reason to interfere with the decision.
p. 2deference to Taxing Master's discretion
The Reference is hereby dismissed. No orders as to costs as the Reference was not opposed.
p. 2disposition

Issues in the judgment

#
minor

Inconsistency in the value of the subject matter: the Bill of Costs indicates Kshs.20,000,000/- while the Chamber Summons and submissions state Kshs.15,300,000/- (17 acres at Kshs.900,000)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Otieno & Achieng Advocates v Warera (Miscellaneous Cause E006 of 2024) [2025] KEELC 4134 (KLR)", Case Analysis (2025). Advocate's Reference - Chamber Summons dated 18th December 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4134/eng@2025-05-08

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