[2019] KEELRC 2003 (KLR)
The court held that the Deputy Registrar was correct in refusing to proceed with the taxation of the Bill of Costs because the Advocates Remuneration Order, which forms the basis for taxation, does not apply to a party acting in person. Furthermore, the claimant was not awarded costs in the judgment, making the...
Source-derived case information.
- Citation
- [2019] KEELRC 2003 (KLR)
- Parties
- Applicant: David Kahuru Mburu; Respondent: SBI International Holding AG Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1285 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Taxing Officer's Decision
- Outcome
- application dismissed
- Judges
- NJ Abuodha, DI Wasike
- Legal Topics
- Costs Follow Event, Taxation of Costs, Party in Person, Advocates Remuneration Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kahuru Mburu
Applicant
SBI International Holding AG Kenya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Taxing Officer's Decision
Legal Issues
- 1 Whether the Advocates Remuneration Order applies to a party acting in person for purposes of taxation of costs.
- 2 Whether the taxing officer erred in refusing to tax the Bill of Costs where the claimant acted in person.
Ratio Decidendi
The court held that the Deputy Registrar was correct in refusing to proceed with the taxation of the Bill of Costs because the Advocates Remuneration Order, which forms the basis for taxation, does not apply to a party acting in person. Furthermore, the claimant was not awarded costs in the judgment, making the application for taxation of costs unsustainable. The application was therefore found to be without merit and dismissed.
Court Disposition
application dismissed
Orders
- The application to set aside the taxing officer's decision is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
CAUSE NO 1285 OF 2012
DAVID KAHURU MBURU................................................CLAIMANT
VERSUS
SBI INTERNATIONAL HOLDING AG KENYA.......RESPONDENT
RULING
1. The claimant herein seeks an order that the decision of the taxing officer delivered on 8th December, 2017 be set aside and that the Bill of Costs be remitted back for taxation before a different taxing officer. The applicant argued that the taxing officer erred in law and in principle in failing to appreciate that costs follow the event.
2. In her brief ruling the Deputy Registrar refused to proceed with the taxation of the bill of costs for the reason that the Advocates Remuneration Order does not apply to the claimant who was acting in person. The learned Deputy Registrar also noted that the claimant was not awarded costs in the judgement of the Court.
3. The Court has considered the application side by side with ruling of the Honourable Deputy Registrar and is of the view that the Deputy Registrar was right in refusing to proceed with taxation of the Bill of Costs since the Advocates Remuneration Order which is used as a basis for taxation of Bill of Costs is not applicable to a party acting in person.
4. The application is found without merit and is hereby dismissed.
5. It is so ordered.
Dated at Nairobi this 1st day of March, 2019
Abuodha Jorum Nelson
Judge
Delivered this 1st day of March, 2019
Abuodha Jorum Nelson
Judge
In the presence of:-
..................for the Claimant and
.....................for the Respondent.
Abuodha J. N.
Judge