https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/557
The court held that the subject matter value was Kshs. 462,000/= and that because the matter was settled summarily after the first hearing date, instruction fees were limited to 75% of the applicable scale fee, yielding Kshs. 48,750/=. Attendance costs for dates when neither the Plaintiff nor counsel attended were...
Source-derived case information.
- Citation
- [2026] KEMC 557 (KLR)
- Parties
- Plaintiff: Chege Evans T/A Smart School Enterprises; Defendant: Secretary Board of Management Friends Bukembe Boys High School
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E010 of 2025
- Procedural Posture
- Civil Suit; Taxation of Party and Party Bill of Costs / Ruling on Plaintiff’s Party and Party Bill of Costs Dated 17 July 2026
- Outcome
- Plaintiff’s Party and Party Bill of Costs dated 17 July 2026 allowed in part and taxed at Kshs. 75,495/=.
- Judges
- ["TO Omono"]
- Legal Topics
- Assessment of Party and Party Costs, Instruction Fees, Attendance Fees, Taxation on a Bill of Costs, Summary Disposal and Reduced Instruction Fees
- 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
Chege Evans T/A Smart School Enterprises
Plaintiff
Secretary Board of Management Friends Bukembe Boys High School
Defendant
Procedural Posture
Civil Suit; Taxation of Party and Party Bill of Costs / Ruling on Plaintiff’s Party and Party Bill of Costs Dated 17 July 2026
Legal Issues
- 1 What instruction fee was payable based on the subject matter value and the manner of disposal of the matter
- 2 Which attendance items were properly claimable
- 3 What the final taxed amount of the bill of costs should be
Ratio Decidendi
The court held that the subject matter value was Kshs. 462,000/= and that because the matter was settled summarily after the first hearing date, instruction fees were limited to 75% of the applicable scale fee, yielding Kshs. 48,750/=. Attendance costs for dates when neither the Plaintiff nor counsel attended were disallowed, while the properly drawn items were allowed. The bill was therefore taxed at Kshs. 75,495/=.
Court Disposition
Plaintiff’s Party and Party Bill of Costs dated 17 July 2026 allowed in part and taxed at Kshs. 75,495/=.
Orders
- Item 1 assessed at Kshs. 48,750/=
- Items 3 and 4 assessed as drawn
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **CIVIL SUIT NO. E010 OF 2025** **CHEGE EVANS T/A SMART SCHOOL ENTERPRISES.……………………PLAINTIFF** **VERSUS** **SECRETARY BOARD OF MANAGEMENT FRIENDS BUKEMBE BOYS HIGH SCHOOL………………………………………………………………………….DEFENDANT** **RULING** 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 17th July 2026. 2. Items 3 and 4 are assessed as drawn since the said items were drawn to scale. **Instruction Fees** 1. The value of the subject matter herein is Kshs. 462,000/=. This matter was settled in a summary manner after the confirmation of the first hearing date. In such instances, Schedule 7 (1) (b) of the Advocates (Remuneration) Order (ARO) provides for instruction fees of 75% of the fees chargeable under item 1(a). Therefore, instruction fees in item 1 will be 75% of Kshs. 65,000/=, which is Kshs. 48,750/=. 2. It is against this backdrop that item 1 is assessed at Kshs. 48,750/=. **Attendance** 1. The claims for attendance costs of 05/02/2025, 26/02/2025, 01/04/2025, 03/06/2025, and 09/04/2026 are assessed off since neither the Plaintiff nor his counsel attended court on those occasions. 2. The rest of the claims for attendance costs are assessed as drawn since the same were drawn to scale. 3. Item 23 is assessed off since the Plaintiff’s counsel did not attend court on that occasion. **DETERMINATION** 1. In sum, the Plaintiff’s Party and Party Bill of Costs dated 17th July 2026 is assessed at Kshs. 75,495/=. **Read, signed and delivered in open court at Bungoma this 20th day of August 2026** **T.O. OMONO** **SENIOR RESIDENT MAGISTRATE** **In the presence of:** C/A: Rioba