Nyakundi & Company Advocates v Kenyatta National Hospital Board [2005] KEHC 1938 (KLR)
- Court
- High Court of Kenya
- Case number
- 1938
- Citation
- [2005] KEHC 1938 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to review the Deputy Registrar's ruling on the Advocates Bill of CostsCoramP.J Ransley
Holding
The instruction fee of Kshs 500,000 is considered fair and the Applicant will have the costs
Facts
The Applicant seeks to review the Deputy Registrar's ruling on the Advocates Bill of Costs, which increased the instruction fee from Kshs 4 Million to Kshs 6 Million.
Issues
- Whether the Deputy Registrar's decision to increase the instruction fee was based on an error of principle
- Whether the instruction fee was manifestly excessive
Reasoning
The court found the Deputy Registrar's decision to increase the instruction fee was based on irrelevant factors and manifestly excessive.
Outcome
The Deputy Registrar's decision is set aside and the instruction fee is reduced to Kshs 500,000
Orders
- The Deputy Registrar's decision is set aside
Remedies
- The instruction fee is reduced to Kshs 500,000
Authorities cited
Legislation (1)
- Advocates Remuneration Rules
Cases cited (3)
- First American Bank of Kenya Vs Shah and Others E.A.L.R (2002) 1 E.A 64
- Steel Construction Petroleum Engineering E.A Limited Vs Uganda Sugar Factory [1970] E.A
- Premchard Raichard Ltd & another Vs Quarry Services of East Africa Ltd and Others (1972) E.A 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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