Ochola v Divine Homes Resort Ltd (Miscellaneous Application E003 of 2025) [2025] KEELRC 1510 (KLR)
The bottom line
#The High Court in Kisumu dismissed a challenge to a Kshs. 750,000 instruction fee award, confirming courts rarely disturb a Taxing Master's costs decision.
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 chamber summons was filed within the time limits prescribed under Paragraph 11(1) and (2) of the Advocates Remuneration Order
- 2.Whether the Taxing Master erred in principle or acted capriciously in awarding instruction fees of Kshs. 750,000/- and in taxing items 1, 2, 3 and 4 of the Party and Party Bill of Costs
- 3.Whether the Court should interfere with the Taxing Master's discretion on quantum
Key legal issues
#Standard for interference with a Taxing Master's award
The Court defers to the Taxing Master on quantum and will interfere only on an error of principle or where the award is manifestly excessive.
The court applied the established principle that taxation of quantum is the taxing master's domain of expertise. It found that the discretion must be exercised judiciously, not whimsically or capriciously, and that no such misdirection was shown here. The employment character of the underlying suit does not, of itself, render the matter uncomplicated.
Whether instruction fees of Kshs. 750,000/- for an employment matter were excessive
The award was reasonable; employment law is a specialised area and the costs awarded were within the permissible range.
The court held that the fact the matter was an employment suit does not detract from the complexities of a legal brief. Being a specialised area of law, costs in the range issued were appropriate, consistent with the KANU National Elections Board dictum on the taxing master's discretion.
Legal principles established
#- A court will not interfere with a Taxing Master's decision unless it is based on an error of principle or is manifestly excessive; quantum is the province of the taxing master.
- The discretion to determine what costs have been necessarily and properly incurred belongs to the Taxing Master, to be exercised judicially and on sound principles.
Court orders
#- 1.The reference contained in the chamber summons is dismissed
- 2.Costs of the application awarded to the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Reference under Paragraph 11 of the Advocates Remuneration Order
Relief refused
#Setting aside or varying the Taxing Master's awards on items 1, 2, 3 and 4 of the Party and Party Bill of Costs
No error of principle or manifest excessiveness established; the awards were within the Taxing Master's discretion
Restraining issuance of a certificate of costs or expunging it from the record
Fell with the dismissal of the reference
Re-taxation of the bill before a different taxing master
No sound challenge to the taxation was made out
Costs
Reference dismissed with costs to the Respondent.
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 Court will not interfere with the decision of the Taxing Master unless the decision is based on an error of principle or is manifestly excessive.
The Applicant has failed to establish any exceptional circumstances, legal errors, or misdirection that would justify interference with the taxation.
Reference contained in the chamber summons is dismissed with costs to the Respondent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ochola v Divine Homes Resort Ltd (Miscellaneous Application E003 of 2025) [2025] KEELRC 1510 (KLR)", Case Analysis (2025). Chamber Summons dated 24th January 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1510/eng@2025-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.