Makhanu v Abdullahi & another (Civil Case E266 of 2025) [2026] KEMC 652 (KLR) (23 July 2026) (Ruling)

**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **CIVIL CASE NO. E266 OF 2025** **DICKSON WANYONYI MAKHANU………………………………………...PLAINTIFF** **VERSUS** **MOHAMMED ABDULLAHI & ANOTHER……………………….……….…………………DEFENDANT** **RULING** 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 08th April 2026. 2. This court has given due regard to the Plaintiff’s Bill of Costs on record as well as the Replying Affidavit sworn by the Defendants’ counsel on 08th June 2026. 3. The items objected to by the Defendants have been assessed as hereunder. **Instruction Fees** 1. Schedule 7(5) of the Advocates (Remuneration) Order (ARO) provides for a minimum instruction fees of Kshs. 3,000/= for prosecuting or defending an Application. Considering the nature of the Application dated 09th December 2025 and the time taken to prosecute the same, item 2 is assessed at Kshs. 5,000/=. **Attendances** 1. Items 5 and 8 are assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO given that no hearing took place on those occasions. **Service** 1. Given the distance between Bungoma and Mombasa, in the absence of receipts to prove expenditure amounting to Kshs. 36,000/= and guided by Schedule 7(10) of the Advocates (Remuneration) Order (ARO), item 9 is assessed at Kshs. 10,000/=. 2. Item 10 is assessed off since there was no need for the Plaintiff to serve a mention notice upon the Defendants, given that the mention date on that occasion was taken by consent. 3. Items 11 and 12 involved service by e-mail. Therefore, the said items are assessed at Kshs. 1,400/= each per the holding in **Aoro v Were (Miscellaneous Reference Application E019 of 2022) [2022] KEHC 14628 (KLR),** Aburili, J, where rendered herself as follows on the cost of service via e-mail: *“53.The starting point herein is to point out that whereas order 5 of the Civil Procedure Rules relates to service of summons, it applies mutatis mutandis to service of other court processes, which include applications and related documents. This provision, it should be noted, was necessitated by the advent of Covid-19 pandemic which made it impossible for personal and even postal service of documents or court processes.* *54.For the above reasons, I hold that service via e-mail is still service and draws an award of Kshs. 1,400 in line with Paragraph 10 of schedule 7 of the Advocates Remuneration Order. I find no error on the part of the taxing officer in awarding the respondent items 9,10,24,33,38,41,42,45 as drawn. Accordingly, the objection thereto is found to be devoid of any merit.”* 1. Item 13 is assessed off for want of proof. **Disbursements** 1. Item 18 is assessed off since that expenditure is yet to be incurred by the Plaintiff at the time of assessing the costs due to the Plaintiff. In any event, such costs are recoverable during execution upon proof of payment. **DETERMINATION** 1. The upshot of the foregoing is that the Plaintiff’s Party and Party Bill of Costs dated 08th April 2026 is assessed at Kshs. 61,600/= each. **Read, signed, and delivered in open court at Bungoma, this 23rd day of July 2026** **T.O. OMONO** **SENIOR RESIDENT MAGISTRATE** **In the presence of:** Ms. Nekesa h/b for Wamalwa for the Plaintiff C/A: Mr. Rioba