https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/535
The court taxed the bill by applying the relevant scale to a judgment sum of Ksh 950,000/-, which placed the matter within the Ksh 500,000 to 1,000,000 band and justified instruction fees of Ksh 90,000/-. The unopposed bill was then assessed item by item, resulting in a total taxed amount of Ksh 116,200/-.
Source-derived case information.
- Citation
- [2026] KEMC 535 (KLR)
- Parties
- Plaintiff: ANDREW NG'ANG'A GATHUNGU; Defendant: IWAKI TRADING LIMITED
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E1512 of 2026
- Procedural Posture
- Party and Party Bill of Costs Taxation / Ruling on Taxation
- Outcome
- Bill of costs taxed at Ksh 116,200/- and 30 days stay of execution granted.
- Judges
- ["ME Aligula"]
- Legal Topics
- Taxation of Party and Party Costs, Assessment of Instruction Fees, Unopposed Bill of Costs, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANDREW NG'ANG'A GATHUNGU
Plaintiff
IWAKI TRADING LIMITED
Defendant
Procedural Posture
Party and Party Bill of Costs Taxation / Ruling on Taxation
Legal Issues
- 1 What amount in instruction fees was payable based on the judgment sum.
- 2 How the remaining items in the bill of costs should be taxed where the respondent failed to appear or oppose the bill.
- 3 Whether a stay of execution should be granted.
Ratio Decidendi
The court taxed the bill by applying the relevant scale to a judgment sum of Ksh 950,000/-, which placed the matter within the Ksh 500,000 to 1,000,000 band and justified instruction fees of Ksh 90,000/-. The unopposed bill was then assessed item by item, resulting in a total taxed amount of Ksh 116,200/-.
Court Disposition
Bill of costs taxed at Ksh 116,200/- and 30 days stay of execution granted.
Orders
- Instruction fees assessed at Ksh 90,000/-.
- Items a, c, d, e, f, h, i, and 3c taxed at Ksh 1,400/- each.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE MAGISTRATE COURT OF KENYA AT UASIN GISHU COUNTY COURT NAME: ELDORET MAGISTRATE COURT** **CASE NUMBER: MCCC/E1512/2026** **ANDREW NG'ANG'A GATHUNGU VS IWAKI TRADING LIMITED** **RULING** 1. The plaintiff filed his party- and- party bill of costs dated 8th July, 2026. the bill of costs was served upon the defendant as per the return of service sworn on 12th August, 2026 by J,W. Muiruri. The defendant failed to file a response or attend court. The court shall proceed and assess the bill of costs as follows: 2. The judgement sum is ksh 950,000/-. A subject value of ksh 950,000/- falls within the ksh 500,000 to 1,000,000; hence the instruction fees are kshs 90,000/- 3. Items a, c, d,e, f, h, i, and 3c are each taxed at ksh 1,400/- 4. Items b, g, j, k, 3a,3b and 3d are allowed as drawn 5. The bill of costs at taxed at ksh 116,200/- 30 days stay of execution is granted. Ruling dated, signed and delivered electronically at Eldoret this 21st day of August 2026. M.E Aligula.