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ELCStruck OutELC NO. 74 OF 2014

Eveline (Suing on Her Behalf and on Behalf of the Estate of the Late Peter Waugh) v Kiiru & 3 others (Environment and Land Case 74 of 2014) [2026] KEELC 5132 (KLR)

Environment and Land Court
23 July 2026
2,276 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court struck out a challenge to taxed legal costs, confirming that missing the strict 14-day objection procedure is fatal to a costs Reference.

What this practically means

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Executive summary

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The Applicant (Plaintiff) filed a Reference on 2nd September 2025 seeking review or setting aside of the taxing master's ruling of 20th August 2025 taxing the Plaintiff's Bill of Costs dated 4th February 2025, contending that numerous items were manifestly under-taxed: instruction fees of Kshs. 200,000/= failed to reflect a suit property valued at Kshs. 2,250,000/= and the applicable Remuneration Order scale; folios and copies of affidavits, submissions and pleadings were ignored; service and attendance items were under-assessed; and substituted service costs of Kshs. 93,000/= were wrongly disallowed. The Respondents opposed, maintaining the taxing master correctly applied Schedule 6(1) of the Advocates Remuneration Order and made no calculation errors. E. K. Makori J restated the law that a taxing master's decision is challengeable only by way of a Reference to a Judge under Paragraph 11 of the Advocates (Remuneration) Order, subject to strict timelines including written notice of objection within 14 days, and that a court intervenes only upon a demonstrable error of principle or an award so excessive or low as to imply such error. Applying the Supreme Court's guidance in Kenya Airports Authority v Otieno Ragot and Nairobi Bottlers v Ndungu, the court found nothing to interfere with in the taxing master's calculations, noted no evidence that reasons had been sought and refused, and held it could not re-tax the bill. The Reference was struck out with costs, and the items as taxed were left to stand.

Questions the Court framed

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

  1. 1.whether the taxing master erred in her ruling in taxation dated 20th of August 2025, significantly on the flagged items by the Applicant, to warrant substitution or fresh taxation
  2. 2.who should bear the costs of this Reference

Key legal issues

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01

Error of principle by the taxing master in instruction fees, folios, copies, service and attendance items

Holding

The court found the taxing master's tabulated calculations were not shown to be erroneous; the reference disclosed no basis for re-taxation

Reasoning

The court set out the recognised grounds for interference (wrong schedule, mis-valued subject matter, double-counting, failure to consider relevant factors, manifestly excessive or inadequate awards, failure to give reasons) but found nothing in the material before it warranting interference with the taxing master's pronounced calculations, and declined to substitute its own assessment.

p. 13
02

Procedural compliance with Paragraph 11 of the Advocates (Remuneration) Order

Holding

The Reference procedure requires written notice of objection within 14 days; the record did not show that reasons were sought and refused, so the failure-to-give-reasons ground could not sustain the Reference

Reasoning

The court outlined the multi-step procedure: notice to the taxing master specifying objected items within 14 days, transmittal of reasons, then a Chamber Summons Reference within 14 days of receipt. It noted nothing indicated the Applicant sought reasons before filing the Reference, so that ground was unavailable.

p. 13
03

Deference to the taxing master's discretion

Holding

Judicial restraint applies; a judge cannot overturn an award merely because they would have awarded a different amount

Reasoning

Relying on Supreme Court and Court of Appeal authority, the court held that taxation is a discretionary expert function, and intervention is limited to demonstrable error of principle or awards so excessive or low as to imply such error.

p. 9

Legal principles established

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  • A taxing master's decision is challenged not by appeal but by a Reference to a Judge under Paragraph 11 of the Advocates (Remuneration) Order, whose multi-step timelines are a jurisdictional condition precedent
  • A judge will not interfere with a taxing master's award absent a demonstrable error of principle or an award so excessive or low that an error of principle must be inferred
  • Failure to give written notice of objection to the taxing master within 14 days of the ruling extinguishes the right to challenge the bill

Court orders

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  1. 1.The Reference is struck out with costs
  2. 2.The items as taxed by the taxing master are left to stand

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Paragraph 11 of the Advocates (Remuneration) Order - Reference to a Judge challenging a taxing master's decision

Relief refused

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Review and/or setting aside of the taxing master's ruling of 20th August 2025 and the Bill of Costs dated 4th February 2025, and substitution with an appropriate finding

The court found nothing to interfere with; the taxing master's figures were tabulated without reasons but no strict-compliance basis for a Reference was established and the court cannot re-tax the bill

p. 13

Costs

The Reference was struck out with costs (costs of the Reference to the Respondents).

Quotable passages

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

I see nothing to interfere with the taxing master's pronounced calculations in taxation. This leaves me with no option but to strike out the Reference with costs, as I cannot re-tax the bill. The items as taxed are left to stand.
p. 13final orders - dismissal of the Reference
Failure to file this notice within 14 days results in the loss of your right to challenge the bill, and the court will be precluded from entertaining any subsequent application.
p. 12condition precedent under Paragraph 11 of the Advocates (Remuneration) Order
The Superior Court will reverse or overturn a taxing master’s award in taxation only where a demonstrable error of principle is identified, or where the award is so clearly excessive or low that an inference of an error of principle must be drawn.
p. 8standard for interfering with a taxing decision
a judge cannot overturn an award solely because they might have awarded a different amount.
p. 9judicial restraint in taxation references

Issues in the judgment

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minor

Chronological anomaly: the taxing ruling is dated 20th August 2025 and the Reference filed 2nd September 2025, yet the judgment is dated 23rd July 2026, and the Reference was opposed by grounds dated 1st October 2025 and a replying affidavit of 8th October 2025

minor

The judgment describes the taxing master as a Registrar or Deputy Registrar of the High Court although the matter is pending before the Environment and Land Court

material

The court struck out the Reference on the merits without making an express finding on whether the mandatory 14-day notice of objection under Paragraph 11 was filed, despite describing non-compliance as a jurisdictional defect

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, "Eveline (Suing on Her Behalf and on Behalf of the Estate of the Late Peter Waugh) v Kiiru & 3 others (Environment and Land Case 74 of 2014) [2026] KEELC 5132 (KLR)", Case Analysis (2026). ELC NO. 74 OF 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5132/eng@2026-07-23

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