Kenya Ports Authority Pension Scheme & 8 others v Kinyua Muyaa & Co. Advocates (Civil Appeal 69 of 2020) [2022] KECA 578 (KLR) (6 May 2022) (Judgment)

Facts

The Kenya Ports Authority Pension Scheme and 8 others (the Client) challenged a ruling by the Employment and Labour Relations Court (Rika, J.) dismissing their application to set aside an advocate-client bill of costs presented by Kinyua Muyaa & Co. Advocates. The Advocates subsequently filed an application to strike out the appeal, which was subsumed in the appeal.

Issues

1. Whether the Employment and Labour Relations Court erred in failing to consider and analyze the applicable principles in the taxation of the Advocates' advocate-client bill of costs
2. Whether the learned Judge of the ELRC erred in failing to correct the errors committed by the taxing officer in the taxation of instruction fees, getting-up fees, and award of interest and VAT

Reasoning

The Court found that the learned Judge of the ELRC erred in failing to consider and analyze the applicable principles in the taxation of the Advocates' advocate-client bill of costs, and in failing to correct the errors committed by the taxing officer in the taxation of instruction fees, getting-up fees, and award of interest and VAT.

Outcome

Appeal allowed

Authorities cited