Obora v Rift Valley Railways (Civil Appeal 448 of 2019) [2025] KECA 581 (KLR) (28 March 2025) (Judgment)

Facts

The Employment and Labour Relations Court (Mbaru, J.) awarded the appellants twelve months gross salary and one month’s gross pay in lieu of notice, along with interest, for unfair dismissal. The taxing officer based the taxed amount only on the subject matter of the suit and not on the counterclaim.

Issues

1. Whether the taxing officer erred in law by not considering the dismissed counterclaim in determining the taxed amount.
2. Whether the learned Judge erred in law and fact by misapplying well-established principles applicable in dealing with applications under rule 11(2) and Schedule 6 of the Advocates (Remuneration) Order 2015.

Reasoning

The decision to award costs of a counterclaim is an exercise of discretion by the trial Judge. The taxing officer cannot correct what parties may deem to be slips in the decision giving rise to the taxation.

Outcome

Appeal dismissed

Authorities cited