Kenya Agricultural Research Institute v Sila t/a Legacy Auctioneers Limited (Miscellaneous Application E063 of 2024) [2026] KEELRC 1177 (KLR) (30 April 2026) (Ruling)
- Court
- Employment and Labour Relations Court
- Case number
- 1177
- Citation
- [2026] KEELRC 1177 (KLR)
- Decided
- 30 April 2026
- Judge
- J Rika
- Parties
- raw · defendants · plaintiffs
The appeal is allowed, and the Taxing Officer's decision is set aside. The bill of costs will be taxed afresh before a different Taxing Officer.
Facts
The Appellant, Kenya Agricultural Research Institute, sought a stay of execution of a Taxing Officer's decision and an order to partially set aside the decision. The Taxing Officer, Hon. Christine Menya, had taxed the Respondent's bill of costs at Kshs. 473,777. The Appellant raised multiple grounds of appeal, including the Taxing Officer's alleged errors in allowing certain items and imposing a 5% commission.
Issues
- Whether the Court can consider grounds of appeal beyond the E&LRC jurisdiction
- Whether the bill of costs is based on a clear E&LRC decree
Reasoning
The Court finds that the appeal involves actions at the High Court, which has muddied the jurisdiction and execution of costs. The bill of costs should be based on a clear E&LRC decree.
Outcome
Appeal allowed
Orders
- Ruling of the Taxing Officer Hon. Christine Menya, dated 13th November 2025, is set aside
- The bill of costs, clearly based on a decree of the E&LRC, be taxed afresh before a different Taxing Officer
- No order on the costs
Remedies
- Taxing Officer's decision set aside
- Bill of costs taxed afresh
Authorities cited
Legislation (3)
- Civil Procedure Act
- Auctioneers Rules
- E&LRC [Procedure] Rules, 2024
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