[2024] KEHC 6218 (KLR)
The court found that the taxation of the bill of costs was undertaken without calling for or perusing the primary file from the Children’s Court, which was necessary to verify the items claimed. This omission rendered the taxation process fundamentally flawed, as the basis for the taxed amounts could not be...
Source-derived case information.
- Citation
- [2024] KEHC 6218 (KLR)
- Parties
- Applicant: Cecil Kouko & Associates Advocates; Respondent: Philip Omondi Okello
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E149 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Taxation
- Outcome
- Application allowed; taxation and certificate of costs set aside; matter remitted for fresh taxation.
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Setting Aside Orders, Verification of Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cecil Kouko & Associates Advocates
Applicant
Philip Omondi Okello
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Taxation
Legal Issues
- 1 Whether the taxation of the bill of costs was properly undertaken without perusal of the primary file.
- 2 Whether the certificate of costs should be set aside due to lack of verification of the bill of costs.
Ratio Decidendi
The court found that the taxation of the bill of costs was undertaken without calling for or perusing the primary file from the Children’s Court, which was necessary to verify the items claimed. This omission rendered the taxation process fundamentally flawed, as the basis for the taxed amounts could not be ascertained. In the interest of justice and procedural fairness, the court exercised its discretion to set aside the taxation and certificate of costs and directed that the Deputy Registrar should call for the primary file and retax the bill of costs based on the actual record of professional services rendered.
Court Disposition
Application allowed; taxation and certificate of costs set aside; matter remitted for fresh taxation.
Orders
- The taxation and certificate of costs dated 30th December 2023 are set aside.
- The file is returned to the Deputy Registrar to call for the primary file and retax the bill of costs based on the trial court record.
Full Case Text
Judgment text and source record
20 paragraphs
Cecil Kouko & Associates Advocates v Okello (Miscellaneous Civil Application E149 of 2023) [2024] KEHC 6218 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6218 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E149 of 2023
RE Aburili, J
May 30, 2024
Between
Cecil Kouko & Associates Advocates
Applicant
and
Philip Omondi Okello
Respondent
(Arising from the professional services rendered by the Applicant to the Respondent in the original Kisumu CM Children Case No. E090 of 2021)
Ruling
1. I have considered the application dated 30th October 2023. I observe that the Taxation was undertaken without calling for the primary file Kisumu Magistrate’s Court Children’s Court Case No. E090 of 2021 for perusal and verification of the items in the bill of costs dated 4th September 2023.
2. It follows that the basis upon which the taxation was undertaken is unknown as the items on the bill of costs were never verified.
3. On the court’s own motion, I hereby set aside the taxation and certificate of costs dated 30th December 2023 and return the file to the Deputy Registrar to call for the primary file where the professional services were rendered and retax the bill based on the trial court record.
4. Taxation shall be on 13th June 2024 before the Deputy Registrar.
Dated, Signed and Delivered at Kisumu this 30thDay of May, 2024R. E. ABURILIJUDGEPage 2 of 2