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ELCAllowedKitale ELC No. 1 of 2017 (Reference pursuant to paragraph 11(2) of the Advocates Remuneration Order 2014)· [2025] KEELC 8190 (KLR)

County Government of Trans Nzoia v Munene (Environment and Land Miscellaneous (Reference) Application E022 of 2025) [2025] KEELC 8190 (KLR)

Environment and Land Court
26 November 2025
CNC.K. NZILI
1,296 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed that when parties fail to agree on consented costs, a taxing master must tax the bill, not decline jurisdiction.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kitale (C.K. Nzili, J) on a reference brought under paragraph 11(2) of the Advocates Remuneration Order 2014 and the Advocates Act by the 4th defendant in Kitale ELC No. 1 of 2017. The applicant challenged a ruling of the taxing master dated 28/8/2025 declining jurisdiction to tax a party-to-party bill of costs dated 24/6/2025. The bill arose from a consent executed on 14/5/2024 compromising the primary suit, under which the applicant's defence and counterclaim was settled, costs were awarded to the applicant, to be borne equally by the respondent (National Land Commission) and the plaintiffs, with the parties to agree on the amounts. The parties failed to agree, prompting the applicant to lodge the bill for taxation. The court noted that on 23/7/2025 it had itself declined to set aside, review or vary the consent judgment, and that the taxing master, unaware of that ruling, had been misled by the respondent's submissions into concluding she lacked jurisdiction. Surveying the authorities on taxation - including Jasbir Singh Rai, Ahmednasir Abdikadir, Evans Thiga Gaturu, Joreth Ltd, Kenya Airports Authority v Otieno Ragot and Republic v Ministry of Agriculture Exparte Muchiri W. Njuguna - the court held that taxation is a judicial function, that the consent decree remained valid, and that where parties fail to agree on costs the court must effect their intention. The reference was allowed: the taxing master's ruling was set aside, the bill of costs was reinstated for hearing on the merits, to be served on the plaintiffs and the respondent, with costs of the reference to the applicant.

Key legal issues

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01

Jurisdiction of the taxing master over a party-to-party bill following a consent awarding costs

Holding

The taxing master erred in declining jurisdiction; the consent decree stands and, absent agreement on costs, the bill must be taxed.

Reasoning

The parties consented on 14/5/2024 to compromise the suit, awarding costs to the applicant, to be borne equally by the respondent and the plaintiffs, with costs to be agreed. No consensus was reached, and this court had on 23/7/2025 declined to set aside the consent judgment. The taxing master was unaware of that ruling and was misled by the respondent's submissions. In the absence of agreement, the court must effect the parties' intention by allowing taxation.

p. 3
02

Procedure on a reference under paragraph 11 of the Advocates Remuneration Order

Holding

A reference lies against a taxing master's ruling; all interested parties must be served and the reference filed within 14 days of receipt of reasons.

Reasoning

The court reiterated the governing framework: paragraph 11 governs references against a taxing master's ruling, all interested parties must be served with the chamber summons, and per Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Ltd the objector must file the reference within 14 days of receipt of reasons. Insufficiency of reasons is not necessarily a bar to a reference.

p. 2

Legal principles established

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  • Where parties to a consent decree fail to agree on costs as contemplated in the consent, the court must effect the intention of the parties and the bill may proceed to taxation.
  • Taxation of costs is a judicial function to be conducted on rational criteria providing only reasonable compensation.

Court orders

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  1. 1.The ruling of the taxing master dated 28/8/2025 declining jurisdiction is set aside
  2. 2.The party-to-party bill of costs dated 24/6/2025 is reinstated for hearing on the merits before the taxing master
  3. 3.The bill shall be served upon the plaintiffs in the primary suit and the respondent, in line with the consent dated 14/5/2024
  4. 4.Costs of the reference awarded to the applicant
Jurisdiction invoked
Paragraph 11(2) of the Advocates Remuneration Order 2014 and the Advocates Act

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, "County Government of Trans Nzoia v Munene (Environment and Land Miscellaneous (Reference) Application E022 of 2025) [2025] KEELC 8190 (KLR)", Case Analysis (2025). Kitale ELC No. 1 of 2017 (Reference pursuant to paragraph 11(2) of the Advocates Remuneration Order 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8190/eng@2025-11-26

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