https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/607
The court assessed the series of party-and-party bills by allowing drawn items where properly scaled, taxing service at Kshs. 1,400 each under Schedule 7(10)(i) because no place of service particulars were supplied, allowing court fees at Kshs. 500 each based on receipts, and disallowing items for costs not yet...
Source-derived case information.
- Citation
- [2026] KEMC 607 (KLR)
- Parties
- Plaintiff: CATHERINE MILLICENT ACHIENG & OTHERS; Defendant: ANDREW OMONDI OWINO
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E202 of 2025
- Procedural Posture
- Civil Case; Taxation/assessment of Party and Party Bills of Costs / Ruling on Plaintiffs’ Party and Party Bills of Costs Dated 24 April 2026
- Outcome
- Bills of costs assessed
- Judges
- ["TO Omono"]
- Legal Topics
- Party and Party Costs, Assessment of Items in a Bill of Costs, Service Fees, Court Fees, Unincurred Costs, Advocates (remuneration) Order Schedule 7
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CATHERINE MILLICENT ACHIENG & OTHERS
Plaintiff
ANDREW OMONDI OWINO
Defendant
Procedural Posture
Civil Case; Taxation/assessment of Party and Party Bills of Costs / Ruling on Plaintiffs’ Party and Party Bills of Costs Dated 24 April 2026
Legal Issues
- 1 How the Plaintiffs’ bills of costs in the series should be assessed
- 2 What amount is recoverable for service where particulars of service are not provided
- 3 Whether claimed court fees are allowable
Ratio Decidendi
The court assessed the series of party-and-party bills by allowing drawn items where properly scaled, taxing service at Kshs. 1,400 each under Schedule 7(10)(i) because no place of service particulars were supplied, allowing court fees at Kshs. 500 each based on receipts, and disallowing items for costs not yet incurred; the resulting assessment was Kshs. 63,800 each.
Court Disposition
Bills of costs assessed
Orders
- Items 1–2, 4–6 and 8 allowed as drawn.
- Item 3 in each bill taxed at Kshs. 1,400.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **CIVIL CASE NO. E202 206 209 210 211 212 216 217 218 221 OF 2025** **CATHERINE MILLICENT ACHIENG & OTHERS…………………………………..PLAINTIFF** **VERSUS** **ANDREW OMONDI OWINO……………………….……….………………….DEFENDANT** **RULING** 1. This ruling determines the Plaintiffs’ Party and Party Bills of Costs dated 24th April 2026 filed in Bungoma CMC CC Nos. E202, E206, E209, E210, E211, E212, E216, E217, E218, and E221 all of 2025 (“the series”) since the said Bills of Costs seek similar costs arising from similar proceedings. 2. Items 1 – 2, 4 – 6 and 8 were assessed as drawn since the same were drawn to scale. **Service** 1. Items 3 in all the Bills of Costs in the series were assessed at Kshs. 1,400/= each per Schedule 7(10)(i) of the Advocates (Remuneration) Order (ARO), given that the Plaintiff failed to provide the particulars of the place where service of the Plaint and Summons to Enter Appearance was conducted. **Court Fees** 1. Items 7 in all the Bills of Costs in the series were assessed at Kshs. 500/= each per the court fees receipts on record. 2. Items 9 in all the Bills of Costs in the series were assessed off since those claims are yet to be incurred by the Plaintiffs at the time of assessing the costs due to the Plaintiffs. In any event, such costs are recoverable during execution upon proof of payment. **DETERMINATION** 1. The upshot of the foregoing is that the Plaintiffs’ Party and Party Bills of Costs dated 24th April 2026 filed in the series were assessed at Kshs. 63,800/= each. **Read, signed, and delivered in open court at Bungoma, this 21st day of July 2026** **T.O. OMONO** **SENIOR RESIDENT MAGISTRATE** **In the presence of:** Mr. Okara for the Plaintiff Mr. Choni for the Defendant C/A: Mr. Rioba