IKM has successfully defended Kenya Airports Authority in a landmark case at the Supreme Court, challenging the decision of the Court of Appeal in assessing the instruction fees due to an advocate. 

In setting aside the Court of Appeal’s decision which had enhanced earlier assessed costs of Kes. 5 Million to Kes. 196,044,750.50, the Supreme Court in its decision delivered on 4 August 2024, held that a proper interpretation of the mode of taxation of advocate fees especially where the suit is determined in a summary manner and where the value of the subject matter has not been verified or ascertained in court, is that the taxing officer must exercise discretion in assessing the fees payable to the advocate. The Court therefore found that a Taxing Officer must take into account the amount of work done by an advocate, the interest of the parties, the general conduct of the proceedings including the time taken and all other relevant considerations. The costs should be reasonable to a level where the charges should not impede access to justice by litigants. The Supreme Court found that the Taxing Officer’s discretion in assessing Advocate-Client costs is not fettered to a mere arithmetic computation of increasing the instruction fees ascertained in the Party & Party costs by one-half. As a result, the earlier assessment of Kes. 5M was restored.

The decision is significant as it underscores the constitutional safeguard of the right of access to justice and the principle that advocate costs should be kept to a reasonable level so that justice is not put beyond the reach of poor litigants.

KAA was represented in the case by IKM led by Martin Munyu, Tabitha Weru and Eric Karuti.