Agricultural Development Corporation v Stephen Ochieng
The bottom line
#Kenya's Environment and Land Court refused to disturb a taxing officer's Kshs.280,000 instruction fee award, confirming judges rarely interfere with taxation absent an error of principle.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the taxing officer erred in principle in awarding instruction fees of Kshs.280,000/= in the taxation of the party and party bill of costs
- 2.Whether the court should interfere with the taxing master's exercise of discretion
Key legal issues
#Whether the taxing master erred in principle in fixing instruction fees at Kshs.280,000/= despite the 175-acre subject matter
No error in principle. Judgment was entered but the value of the subject property was not determined (the alleged purchase price was not paid), so the taxing master properly exercised discretion under the Joreth Ltd principles.
The court applied the settled principles: value is taken from pleadings, judgment or settlement; if unascertainable, the taxing officer may assess a just fee considering the nature and importance of the matter. Here the judgment confirmed the alleged purchase price of Kshs.8,750,000/= was never paid, so the property's value was not determined, leaving the taxing master's discretionary assessment intact.
Threshold for judicial interference with a taxing master's decision
Interference is warranted only where the taxing officer erred in principle; questions solely of quantum are for the taxing officer except in exceptional cases.
Relying on Kipkorir Tito & Kiara Advocates and Arthur v Nyeri Electricity Undertaking, the court reiterated that a judge on a reference does not normally disturb the taxing officer's exercise of discretion absent an error of principle, and quantum questions are particularly within the taxing officer's competence.
Legal principles established
#- A judge on a reference will not interfere with a taxing officer's discretionary decision unless the taxing officer erred in principle
- Value of subject matter for instruction fees is determined from pleadings, judgment or settlement; if unascertainable, the taxing officer exercises discretion considering the nature and importance of the matter
Court orders
#- 1.The reference is dismissed in its entirety
- 2.No orders as to costs, given that no response to the application was filed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Reference from a taxing master's decision under the Advocates Remuneration Order; supervisory/review jurisdiction of the ELC over its Deputy Registrar's taxation
Relief refused
#Setting aside or vacating the taxing officer's decision of 27/2/2026 and consequential certificate
The taxing master exercised her discretion lawfully; the instruction fee awarded was appropriate
Re-taxation by a different taxing master or assessment by the court
No error in principle established; questions of quantum are for the taxing officer
Costs
No orders as to costs, since no response to the application was filed
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 judge will not normally interfere with the exercise of discretion by the taxing officer, unless the taxing officer erred in principle in assessing the costs.
I find that the amount awarded as instruction fees was appropriate. I am not inclined to interfere with that award.
The upshot is that I find no merit in this reference. The same is dismissed in its entirety.
There shall be no orders as to costs given that no response to the application was filed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Agricultural Development Corporation v Stephen Ochieng", Case Analysis (2026). ELC MISC. NO. E009 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5556/eng@2026-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.