JUDGMENT OF THE COURT
[1] This appeal arises from the ruling of the High Court (Odunga J.), in a reference lodged by Lucy Waithira, John Irungu Githinji and Julius Kariuki (appellant herein), against the decision of the taxing master in the taxation of the Bill of costs lodged by Edwin K. Njagi T/A E. K. Njagi and Co Advocates (now respondent). The latter represented the appellants in High Court Civil case No.454 of 2008.
[2] In his decision, the taxing officer taxed off Kshs.122,464,371/-from the Bill and allowed at Kshs.32,447,332/-. In regard to the specific items the taxing officer, amongst other things, taxed the instruction fees at Kshs.5,000,000/-, allowed Kshs.16,666,667/- as getting up fees, and allowed a further sum of Kshs.5,000,000/-, as instruction fees for appearing for the appellant in arbitration proceedings regarding the same matter.
[3] In the reference, the appellants faulted the taxing officer for exercising his discretion improperly: by making an erroneous finding on…