[2021] KECPT 282 (KLR)
The tribunal found that since the value of the subject matter could not be ascertained from the proceedings, it had discretion under the Advocates (Remuneration) Amendment Order 2014 to determine reasonable instruction fees and other costs. The tribunal awarded Ksh.70,150 as instruction fees after considering all...
Source-derived case information.
- Citation
- [2021] KECPT 282 (KLR)
- Parties
- Applicant: Dr. Edwin Kipng'eno Rono; Respondent: Kenyatta Matibabu Sacco Ltd; Respondent: Andrew K. Rotich
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Cause 352 of 2012
- Procedural Posture
- Bill of Costs Application / Taxation of Costs Following Judgment
- Outcome
- Applicant's bill of costs partially allowed and taxed; total costs awarded to applicant.
- Legal Topics
- Taxation of Costs, Assessment of Instruction Fees, Advocates Remuneration Order, Costs Award Criteria
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Edwin Kipng'eno Rono
Applicant
Kenyatta Matibabu Sacco Ltd
Respondent
Andrew K. Rotich
Respondent
Procedural Posture
Bill of Costs Application / Taxation of Costs Following Judgment
Legal Issues
- 1 Whether the applicant's bill of costs should be allowed and to what extent.
- 2 How instruction fees and other claimed costs should be assessed where the value of the subject matter is unascertainable.
- 3 Whether the applicant is entitled to costs for service of documents without receipts.
Ratio Decidendi
The tribunal found that since the value of the subject matter could not be ascertained from the proceedings, it had discretion under the Advocates (Remuneration) Amendment Order 2014 to determine reasonable instruction fees and other costs. The tribunal awarded Ksh.70,150 as instruction fees after considering all relevant factors. Claims for items covered under instruction fees were declined to prevent double recovery. Claims for service of documents were disallowed due to lack of receipts and absence of specific provision under the Remuneration Order. Attendance and hearing-related items were assessed at prescribed rates based on the nature of attendance. Receipted disbursements were...
Court Disposition
Applicant's bill of costs partially allowed and taxed; total costs awarded to applicant.
Orders
- The applicant is awarded a total of Ksh.106,730 as taxed costs.
- Claims for items covered under instruction fees are declined.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE COOPERATIVE TRIBUNAL AT NAIROBI
CAUSE NO 352 OF 2012
DR. EDWIN KIPNG`ENO RONO..............................................................CLAIMANT
VERSUS
KENYATTA MATIBABU SACCO LTD..........................................1ST RESPONDENT
ANDREW K. ROTICH.....................................................................2ND RESPONDENT
RULING
1. The matter for determination is the Applicant`s Bill of Cost dated 19th January 2021 which relates to the judgment of the Honorable Tribunal delivered on 26th February 2020 and the Statement of Claim dated 14th/ 8/2012 as amended on 3/10/2016.
2. The Claimant in the Statement of Claim prayed for various orders from the Tribunal inter alia, reversal of transactions for which the Honorable Tribunal could not ascertain hence the judgment. The upshot thereof, was that the value of the subject matter could not be ascertained. The Tribunal however awarded costs for which it is now invited to assess and tax.
3. Section 27 of the Civil Procedure Act Laws of Kenya as read together with Schedule 11 of the Advocates (Remuneration) Amendment Order 2014 empowers the Tribunal to award and assess Bill of Costs and as such the Applicant`s Bill of Cost shall be assessed as follows;
4. Item1; Rule 9 of the 11th Schedule of Advocates (Remuneration) Amendment Order provides that where the value of the subject matter cannot be ascertained then the court shall have discretion to award costs. In such an instance, Rule 3 of the same Schedule provides various factors that the taxing officer should take into consideration before taxing. The honorable tribunal has taken consideration of all such factors in the circumstances of this case and awards the Applicant Ksh.70,150/= for instruction fees.
5. Further Rule 5 of the 11th Schedule provides that the instruction fees shall include taking instruction, drawing, perusals, engrossing documents and filing the same as such, items 2, 3, 4, 6 ,7 ,9, 11, 12, 13, 14, 15, 17, 19, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 33, 35, 36, 37, 38, 40, 41, 42, 44, 45, 46, 47, 49, 50, 51, 53, 54, 55, 57, 58 ,59, 61,62, 64, 66, 68, 70, 72, 73, 75, 77, 78, 80, 82, 83, 84, 85 86, 87, 91, 92, 93, 95 and 97 are hereby declined as the same are all covered under item 1 for reasons already explained.
6. Items 5, 8, 10, 16, 20, 24, 30, 32, 39, 43, 48, 52, 56, 60, 63, 67, 69, 71, 74, 76, 81, 90, 94 and 96 are in respect of service of various documents. These however, are not provided for under Schedule 11 of the Remuneration order and neither did the Applicant provide receipts of the same, for these reasons, the same are disallowed.
7. Under items listed in B, the Tribunal is guided by Rule 10 of the 11th Schedule as such, the tribunal assess and tax them as follows;
8. Items 1, 2, 3, 4, 6, 17 and 24 are assessed and taxed at Ksh.500/= each for reasons that the attendance were not hearing. Items 8 and 11 are assessed and taxed at Ksh.4000/= each as the same came for full hearing. Items 9, 10, 14, 15, 16, 18, 20, 21, 25 and 26 are assessed and taxed at Ksh,2100/= each for reasons that they were part hearing.
9. Under items listed in C, the tribunal takes note of various receipts and items 1, 2, 3, 4, 6, 8, 9, 10 and 12 are allowed as drawn.
10. The upshot of this assessment is therefore that the honorable tribunal assesses and awards the Applicant a total cost of Ksh.106,730/=
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19TH DAY OF AUGUST, 2021.
Hon. B. Kimemia Chairperson Signed 19. 8.2021
Hon. J. Mwatsama Deputy Chairperson Signed 19. 8.2021
Mr. Gitonga Kamiti Member Signed 19. 8.2021
Tribunal Clerk R. Leweri
No appearance
Hon. B. Kimemia Chairperson Signed 19. 8.2021