Machakos County Government v Kabaka t/a Kabaka and Associates Advocates (Environment and Land Miscellaneous Application 66 of 2019) [2024] KEELC 151 (KLR) (24 January 2024) (Ruling)

Facts

The applicant filed a chamber summons seeking to set aside a decision of the taxing officer regarding the taxation of the respondent's advocate-client bill of costs. The applicant claims the taxing officer erred in principle and arrived at a decision contrary to the applicable law.

Issues

1. Whether the taxing officer properly exercised her discretion in assessing the instruction fees in her ruling of 6th November 2019.
2. Whether the taxation was based on an error of principle or manifestly excessive to amount to an injustice.

Reasoning

The court held that taxation of costs is a discretionary function of the taxing officer and will not interfere unless it is shown that the decision was based on an error of principle or the amount awarded was manifestly excessive.

Outcome

The court will not set aside the taxing officer's decision.

Authorities cited