https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/595
The bill of costs was taxed by allowing only items supported by the record or scale, enhancing instruction fees to Kshs. 45,000 due to the time and nature of the case, allowing the proved court-fee item, and disallowing unproved or unincurred items; the resulting total was Kshs. 62,300.
Source-derived case information.
- Citation
- [2026] KEMC 595 (KLR)
- Parties
- Plaintiff: Gideon Juma Wafula; Defendant: Yunnah International Construction Company Limited
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E181 of 2025
- Procedural Posture
- Civil Case Party and Party Bill of Costs Taxation / Ruling on Taxation of Plaintiff’s Party and Party Bill of Costs
- Outcome
- Bill of costs taxed with modifications
- Judges
- ["TO Omono"]
- Legal Topics
- Taxation of Party and Party Bill of Costs, Instruction Fees, Disbursements and Proof of Expenditure, Assessment of Attendances, Assessment of Court Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon Juma Wafula
Plaintiff
Yunnah International Construction Company Limited
Defendant
Procedural Posture
Civil Case Party and Party Bill of Costs Taxation / Ruling on Taxation of Plaintiff’s Party and Party Bill of Costs
Legal Issues
- 1 What amount should be allowed for instruction fees under Schedule 7 of the Advocates (Remuneration) Order
- 2 Whether items claimed as service, attendances, and disbursements were sufficiently proved
- 3 What total sum should be awarded on the bill of costs
Ratio Decidendi
The bill of costs was taxed by allowing only items supported by the record or scale, enhancing instruction fees to Kshs. 45,000 due to the time and nature of the case, allowing the proved court-fee item, and disallowing unproved or unincurred items; the resulting total was Kshs. 62,300.
Court Disposition
Bill of costs taxed with modifications
Orders
- Items 2, 4, 6, 7(a),(b) and (d), and 14 allowed as drawn
- Instruction fees on item 1 allowed at Kshs. 45,000
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATES COURT AT BUNGOMA** **CIVIL CASE NO. E181 OF 2025** **GIDEON JUMA WAFULA……………......….……………………………………...PLAINTIFF** **VERSUS** **YUNNAH INTERNATIONAL CONSTRUCTION COMPANY LIMITED……..DEFENDANT** 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 02nd December 2025. 2. Items 2, 4, 6, 7 (a),(b) and (d) as well as 14 are assessed as drawn since the said items were drawn to scale. **Instruction Fees** 1. Schedule 7 of the Advocates (Remuneration) Order (ARO) provides for a minimum instruction fees of Kshs. 40,000/= where the value of the subject matter is Kshs. 156,550/=. Considering the time taken to conclude this case and the nature of the case, item 1 is assessed at Kshs. 45,000/=. **Service** 1. Item 5 is assessed off for want of proof. **Attendances** 1. Item 7 (c) is assessed at Kshs. 1,400/= per Schedule 7(6) of the ARO given that no hearing took place on that occasion. **Disbursements** 1. Given that the witnesses reportedly paid by the Plaintiff to testify before this court did not state in their testimony that the Plaintiff had paid them to attend court, items 8 – 11 are assessed off for want of proof. 2. Item 12 is assessed at Kshs. 500/= per the court fees receipt on record. 3. Item 15 is assessed off since that expenditure is yet to be incurred by 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 02nd December 2025 is assessed at Kshs. 62,300/=. **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. Chebet for the Plaintiff Mr. Choni for the Defendant C/A: Mr. Rioba