[2014] KEHC 5478 (KLR)
The court held that since the petition was dealt with in the nature and manner of an application, getting up fees were not applicable and should be taxed off. The instruction fee was agreed by the parties at Kshs. 350,000, and the total party and party costs were certified at Kshs. 434,667. The reference was allowed...
Source-derived case information.
- Citation
- [2014] KEHC 5478 (KLR)
- Parties
- Applicant: Dry Associates Limited; Respondent: Capital Markets Authority; Respondent: Director of Public Prosecutions; Respondent: Crown Berger (K) Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 328 of 2011
- Procedural Posture
- Constitutional Petition / Taxation Reference Ruling
- Outcome
- reference_allowed_in_part
- Judges
- DAS Majanja
- Legal Topics
- Costs Taxation, Instruction Fee, Getting Up Fee
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dry Associates Limited
Applicant
Capital Markets Authority
Respondent
Director of Public Prosecutions
Respondent
Crown Berger (K) Ltd
Respondent
Procedural Posture
Constitutional Petition / Taxation Reference Ruling
Legal Issues
- 1 Whether getting up fees are applicable in a constitutional petition treated as an application.
- 2 Whether the instruction fee awarded was appropriate.
Ratio Decidendi
The court held that since the petition was dealt with in the nature and manner of an application, getting up fees were not applicable and should be taxed off. The instruction fee was agreed by the parties at Kshs. 350,000, and the total party and party costs were certified at Kshs. 434,667. The reference was allowed to this extent, and the Deputy Registrar's decision was set aside accordingly.
Court Disposition
reference_allowed_in_part
Orders
- Getting up fees taxed off.
- Instruction fee set at Kshs. 350,000 as agreed by parties.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 328 OF 2011
BETWEEN
DRY ASSOCIATES LIMITED ......................................... PETITIONER
AND
CAPITAL MARKETS AUTHORITY ................... 1ST RESPONDENT
DIRECTOR OF PUBLIC PROSECUTIONS ...... 2ND RESPONDENT
AND
CROWN BERGER (K) LTD .............................. INTERESTED PARTY
RULING
I have considered the reference in matter. I find and hold that the learned Deputy Registrar erred when she awarded the amount for getting up as this is a petition which is dealt with in the nature and manner of an application. The getting up fees is accordingly taxed off.
As regards the instruction fee, the parties agree that the sum of Kshs. 350,000/= is adequate as instruction. The reference is allowed to that extent and therefore the party and party costs are certified at Kshs. 434,667/00 only.
Orders accordingly.
DATED and DELIVERED at NAIROBI this 7th May 2014.
D.S. MAJANJA
JUDGE
Mr Kahonge instructed by Macharia Kahonge and Company Advocates for the petitioner/applicant
Mr Kiingati instructed by Kairu Mbuthia and Kiingati Advocates for the interested party.