Namai v National Bank of Kenya Limited (Petition E039 of 2023) [2024] KEELRC 2528 (KLR)
The bottom line
#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's ruling of 26 August 2024 taxing costs at Kshs. 382,385/= should be reviewed and/or set aside
- 2.Whether the Taxing Officer erred in failing to apply the decretal amount of Kshs. 5,000,000/= in calculating instruction fees and in departing from the Advocates (Remuneration) Order, 1962 scale
Key legal issues
#Whether the Taxing Officer erred in the quantum of instruction fees awarded
The Taxing Officer's decision was set aside and the bill ordered for re-taxation
The applicant contended that the Taxing Officer failed to apply the decretal sum of Kshs. 5,000,000/= in calculating instruction fees, contrary to the scale in the Advocates (Remuneration) Order, 1962, which provides instruction fees of Kshs. 505,000/= and getting up fees of Kshs. 168,333.33/=. The Taxing Officer did not explain the basis for taxing instruction fees at Kshs. 200,000/=. The application was unopposed, and the court found it in the interests of justice that the decision be set aside and the bill re-taxed with due submissions and applicable law.
Legal principles established
#- A Taxing Officer's decision failing to apply the applicable remuneration scale to the decretal amount is in error and liable to be set aside on reference
Court orders
#- 1.The decision of the Taxing Officer delivered on 26th August 2024 certifying costs at Kshs. 382,385/= is set aside
- 2.The bill be re-taxed taking into account due submissions and applicable law as to taxation
- 3.Respondent to pay costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent supervisory jurisdiction over taxation of costs by the Taxing Officer (review of a taxing master's decision by the judge)
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 decision of the Taxing Oficer delivered on the 26th of August, 2024 certifying costs due to the petitioner/applicant from the respondent at Kshs. 382,385/= is set aside.
The bill be re-taxed taking into account due submissions and applicable law as to the taxation.
The Taxing Oficer did not apply the decretal amount of Kshs. 5,000,000/= in calculating the instruction fees thereby falling into error.
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Namai v National Bank of Kenya Limited (Petition E039 of 2023) [2024] KEELRC 2528 (KLR)", Case Analysis (2024). Chamber Summons dated 06.09.2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2528/eng@2024-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.