[2025] KECPT 267 (KLR)

[2025] KECPT 267 (KLR)

The Tribunal found that, as the matter had been withdrawn and there was no response from the claimant, the Bill of Costs should be assessed on the lower scale as per the Advocate Remuneration Order. Instruction fees were taxed at Kshs 50,000, attendances at Kshs 3,000, and disbursements at Kshs 825, totaling Kshs...

Source-derived case information.

Citation
[2025] KECPT 267 (KLR)
Parties
Applicant: Mike Munyasya Erastus; Respondent: The Board of Directors of Suluhu Savings and Credit Cooperative Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 20/E029 of 2023
Procedural Posture
Bill of Costs / Ruling on Taxation of Costs
Outcome
Bill of Costs assessed and allowed as prayed.
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
Legal Topics
Taxation of Costs, Advocate Remuneration, Withdrawal of Suit
Source Language
en
Civil Procedure Taxation of Costs Advocate Remuneration Withdrawal of Suit

Source-derived case record

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Parties

Mike Munyasya Erastus

Applicant

The Board of Directors of Suluhu Savings and Credit Cooperative Limited

Respondent

Procedural Posture

Bill of Costs / Ruling on Taxation of Costs

Legal Issues

  1. 1 Whether the Bill of Costs as presented by the respondent should be allowed and at what quantum.
  2. 2 Whether the applicable scale under the Advocate Remuneration Order is the lower scale due to withdrawal of the matter.

Ratio Decidendi

The Tribunal found that, as the matter had been withdrawn and there was no response from the claimant, the Bill of Costs should be assessed on the lower scale as per the Advocate Remuneration Order. Instruction fees were taxed at Kshs 50,000, attendances at Kshs 3,000, and disbursements at Kshs 825, totaling Kshs 51,125. The Tribunal applied the relevant legal framework for taxation of costs in withdrawn matters and allowed the respondent's Bill of Costs as prayed.

Court Disposition

Bill of Costs assessed and allowed as prayed.

Orders

  • The Bill of Costs is assessed at Kshs 51,125.
  • The respondent is awarded costs as taxed.