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Otieno & Achieng Advocates v Warera (Miscellaneous Cause E006 of 2024) [2025] KEELC 4134 (KLR) (8 May 2025) (Ruling)

[2025] KEELC 4134 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
4134
Citation
[2025] KEELC 4134 (KLR)
Decided
8 May 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAdvocate's ReferencePostureAppeal from a decision of the Taxing MasterCoramE. ASATI
Holding

The court set aside the decision of the Taxing Master and remitted the Bill of Costs for taxation by the same Taxing Master with appropriate directions.

Facts

The Applicant, Otieno & Achieng Advocates, filed a Reference challenging the decision of the Taxing Master, Hon. M. Nyigei, who had taxed the Bill of Costs at Kshs.50,000/- for item 1. The Applicant claimed the Taxing Master erred in assuming no specific amount was claimed and in the computation of instructions fees.

Issues

  1. Taxing of item 1 of the Bill of Costs
  2. Remission of the Bill of Costs for taxation by the same Taxing Master

Reasoning

The court found the Taxing Master erred in assuming no specific amount was claimed and in the computation of instructions fees.

Outcome

The Reference is upheld.

Orders

  • Remission of the Bill of Costs for taxation by the same Taxing Master
  • Set aside the decision of the Taxing Master

Remedies

  • Remission of the Bill of Costs for taxation by the same Taxing Master
  • Set aside the decision of the Taxing Master

Authorities cited

Legislation (1)
  • Advocates Remuneration Order 2014
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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