Makomere t/a Wambeyi Makomere & Company Advocates v Boit (Environment and Land Miscellaneous Application E006 of 2025) [2026] KEELC 1502 (KLR) (10 March 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1502
- Citation
- [2026] KEELC 1502 (KLR)
- Decided
- 10 March 2026
The application is dismissed with costs to the respondent as it is based on a misapprehension of law.
Facts
The applicant, Wambeyi Makomere, filed a motion application seeking to assess costs as advocate-client fees. The applicant had successfully defended and prosecuted a counterclaim in Eldama Ravine MCC 85 of 2014, and had taxed costs against the plaintiff at Kshs. 372,650. The respondent, Jackson Kipsang Boit, became evasive and recorded a consent with the judgment debtor.
Issues
- Whether the applicant's request to assess costs as advocate-client fees is valid.
- Whether the taxing master's assessment of party-party costs should be increased by one-half to determine advocate-client fees.
Reasoning
The Supreme Court has ruled that the jurisdiction to assess advocate-client fees lies with the taxing master, not the court. The taxing master exercises judicial discretion in determining fees, not simply multiplying party-party costs.
Outcome
Application dismissed with costs to the respondent.
Orders
- Prayers ii, iii, iv, and v in the application are dismissed.
- Interest is not calculable due to lack of a bill of costs.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules, 2010
- Advocates (Remuneration) Order
Cases cited (1)
- Kenya Airports Authority vs. Otieno Ragoti & Company Advocates, Supreme Court Petition No. E011 of 2023
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