Ochieng’ Ogutu & Co Advocates v Philip Omondi Aming’o [2018] KEELC 1182 (KLR)

Facts

The advocate, Ochieng’ Ogutu & Co Advocates, was taxed Kshs 197,539.36 for their bill of costs in a sale and purchase of land transaction. The client, Philip Omondi Aming’o, challenged the taxation in part.

Issues

1. Taxing officer's enforcement of an alleged agreement on fees
2. Taxing officer's calculation of instruction fees
3. Taxing officer's allowance of excessive sums for certain costs
4. Taxing officer's invocation of Article 159(d) of the Constitution of Kenya
5. Taxing officer's procedural errors in allowing amendments to the bill of costs

Reasoning

The court found that the taxing officer erred in principle and law in several aspects, including the enforcement of an alleged agreement on fees, the calculation of instruction fees, the allowance of excessive sums for certain costs, the invocation of Article 159(d) of the Constitution of Kenya, and the procedural errors in allowing amendments to the bill of costs.

Outcome

Reference successful in part, with Item 1 of the bill of costs set aside and taxed at Kshs 152,500.

Authorities cited