Waiguru v Kimani (Environment and Land Appeal E188 of 2024) [2025] KEELC 1373 (KLR) (13 March 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1373
- Citation
- [2025] KEELC 1373 (KLR)
- Decided
- 13 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling of the Business Premises Rent TribunalCoramTW MURIGI
Holding
The court finds and holds that the Respondent is entitled to instruction fees of Kshs.22,500/= and getting up fees at 1/3* Kshs. 22,500/= which would amount to Kshs.7,500
Facts
The Appellant appealed against the ruling of the Business Premises Rent Tribunal in BPRT Case No.26 of 2017, awarding instruction fees and getting up fees to the Respondent's legal firm, Simon Kiragu & Co. Advocates.
Issues
- Whether the taxing officer erred in taxing the bill of costs dated 3/03/2023 in the manner he did.
- Whether the legal firm of Simon Kiragu & Co. Advocates was entitled to the fees claimed in items numbers 3 to 50 of the Respondent's statement of costs.
Reasoning
The court held that the Vice Chair of the Business Premises Rent Tribunal fell into error by failing to take into account the value of the subject matter in assessing the instruction fee and getting up fees.
Outcome
Partial success for the Appellant, with instruction fees assessed at Kshs 22,500/= and getting up fees Kshs. 7,500/=
Orders
- Instruction fees assessed at Kshs 22,500/= and getting up fees Kshs. 7,500/=
Remedies
- Each party to bear its own costs.
Authorities cited
Legislation (1)
- Advocates Remuneration Order 2014
Cases cited (2)
- Republic v Ministry of Agriculture & 2 others Ex parte Muchiri W’njuguna & 6 Others [2006] eKLR
- Premchand Raichand Ltd and another v Quarry Services of East African Ltd & another (1972) EA 162
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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