1. The Applicant’s chamber summons dated 13th August, 2025 is expressed to be brought under Rule 11(1) and (2) of the Advocates Remuneration Order, Part 1 of the Advocates Act, Cap 16 Laws of Kenya and seeks the following orders against the Respondents:
a. THAT this Honourable Court do hear and determine the Applicant’s objection to the decision of the Taxing Officer dated 14th July, 2025.
b. THAT the subject taxation/decision of the learned Taxing Officer dated 14th July, 2025 and all consequential orders and decree thereto be set aside and the Advocate-Client bill of costs dated 14th April, 2025 be remitted for fresh taxation inter partes.
c. THAT the costs of this taxation be provided for.
2. I have considered the application, the affidavit in support thereof, the affidavit in opposition and the parties’ respective submissions.
3. The Advocates Remuneration Order (ARO) sets out the minimum fees that advocates may charge for different types of legal work. When a bill of costs is presented for taxation, the taxing master determines what fees are payable according to the Advocates Remuneration Order.
4. The Taxing Master may increase the fee above the minimum, especially for items like instruction fees, provided the increase is reasonable. What the Taxing Master cannot do is to go below the prescribed minimum fees unless the Order specifically allows it. In applying that principle, I will not interfere with the taxing Master’s finding with regard to items 7 to 14 which in my view are reasonable.
5. Item 2 was taxed at Ksh.5,000/-. Considering the distance between Nyando Law Courts and the place where summons were served, the amount is set aside and substituted with a figure of Ksh.2500/-.
6. With respect to item 20, as the judgement before the trial court was delivered in the absence of Counsel for the Plaintiff, the amount of Ksh.1,400/- is set aside.
7. The subtotal, considering the above is Ksh.150,700/-. Increasing that amount by one half (Ksh.75,350/-) yields a figure of Ksh.226,050/-.
8. VAT is calculated at 16%. Thus then, 16% of Ksh.226,050/- is Ksh.36,168/-. The amount of Ksh.166,968/- is on that basis set aside and substituted with the amount of Ksh.36,168/-.
9. The filing fees, indicated as item 12 in the disbursements is set aside in its entirety as the same is chargeable in a party and party bill of costs and not an advocate client bill of costs.
10. I will not interfere with the Taxing Master’s findings on all other items as the same were not challenged.
11. Flowing from the foregoing, the reference is allowed as per my determinations above, with the result that the grand total is Ksh.253,718/. The reference is therefore allowed to that extent, with no order as to costs.
12. This file is hereby closed.
DELIVERED (virtually), DATED & SIGNED this 6th day of March, 2026.
JOE M. OMIDO.
JUDGE
FOR APPLICANT: Mr. Oyugi.
FOR RESPONDENT: No appearance.
COURT ASSISTANTS: Mr. Ngoge & Mr. Juma.
a. THAT this Honourable Court do hear and determine the Applicant’s objection to the decision of the Taxing Officer dated 14th July, 2025.
b. THAT the subject taxation/decision of the learned Taxing Officer dated 14th July, 2025 and all consequential orders and decree thereto be set aside and the Advocate-Client bill of costs dated 14th April, 2025 be remitted for fresh taxation inter partes.
c. THAT the costs of this taxation be provided for.
2. I have considered the application, the affidavit in support thereof, the affidavit in opposition and the parties’ respective submissions.
3. The Advocates Remuneration Order (ARO) sets out the minimum fees that advocates may charge for different types of legal work. When a bill of costs is presented for taxation, the taxing master determines what fees are payable according to the Advocates Remuneration Order.
4. The Taxing Master may increase the fee above the minimum, especially for items like instruction fees, provided the increase is reasonable. What the Taxing Master cannot do is to go below the prescribed minimum fees unless the Order specifically allows it. In applying that principle, I will not interfere with the taxing Master’s finding with regard to items 7 to 14 which in my view are reasonable.
5. Item 2 was taxed at Ksh.5,000/-. Considering the distance between Nyando Law Courts and the place where summons were served, the amount is set aside and substituted with a figure of Ksh.2500/-.
6. With respect to item 20, as the judgement before the trial court was delivered in the absence of Counsel for the Plaintiff, the amount of Ksh.1,400/- is set aside.
7. The subtotal, considering the above is Ksh.150,700/-. Increasing that amount by one half (Ksh.75,350/-) yields a figure of Ksh.226,050/-.
8. VAT is calculated at 16%. Thus then, 16% of Ksh.226,050/- is Ksh.36,168/-. The amount of Ksh.166,968/- is on that basis set aside and substituted with the amount of Ksh.36,168/-.
9. The filing fees, indicated as item 12 in the disbursements is set aside in its entirety as the same is chargeable in a party and party bill of costs and not an advocate client bill of costs.
10. I will not interfere with the Taxing Master’s findings on all other items as the same were not challenged.
11. Flowing from the foregoing, the reference is allowed as per my determinations above, with the result that the grand total is Ksh.253,718/. The reference is therefore allowed to that extent, with no order as to costs.
12. This file is hereby closed.
DELIVERED (virtually), DATED & SIGNED this 6th day of March, 2026.
JOE M. OMIDO.
JUDGE
FOR APPLICANT: Mr. Oyugi.
FOR RESPONDENT: No appearance.
COURT ASSISTANTS: Mr. Ngoge & Mr. Juma.