Nyanza Club v Kenya Hotels and Allied Workers Union (Miscellaneous Case E076 of 2025) [2026] KEELRC 288 (KLR) (3 February 2026) (Ruling)

Facts

The applicant, Nyanza Club, sought to set aside a Taxing Master's decision on items 1-47 of a Bill of Costs dated 27th November 2024, and to have the matter referred back for taxation. The respondent, Kenya Hotels and Allied Workers Union, opposed the application, contending that the taxing officer's decision was not subject to review.

Issues

1. Whether the Taxing Master's decision on items 1-47 of the Bill of Costs dated 27th November 2024 should be set aside.
2. Whether the court should refer the matter back for taxation of items 1-47 of the Bill of Costs dated 27th November 2024 with proper directions.
3. Whether the court should exercise its inherent jurisdiction to tax the fees due to the respondent in respect of items 48-66 of the Bill of Costs dated 27th November 2024 to Kshs.4,800 for disbursements.

Reasoning

The court found that the taxing officer's decision was not subject to review and that the applicant did not have an advocate to represent it, thus the respondent was not entitled to instruction fees.

Outcome

The applicant's application is granted.