https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/270
Because the suit had been determined summarily following the upheld preliminary objection, the taxing officer applied Schedule 7 of the Advocates Remuneration Order 2014 and limited instruction fees to 75% of the standard fee. Non-permitted items were disallowed, and disbursements lacking proof of payment were taxed...
Source-derived case information.
- Citation
- [2026] KEMC 270 (KLR)
- Parties
- Plaintiff: Joel Chacha Sereria; 1st Defendant: Jackson Chacha Wangwe; 2nd Defendant: Stephen Marwa Wekena
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E007 of 2026
- Procedural Posture
- Environment and Land Case / Bill of Costs Taxation After Suit Determined on Preliminary Objection
- Outcome
- Defendants’ bill of costs taxed at Kshs. 39,350/-.
- Judges
- ["JP Nandi"]
- Legal Topics
- Taxation of Party and Party Costs, Summary Determination of a Suit, Preliminary Objection, Advocates Remuneration Order 2014, Schedule 7 Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Chacha Sereria
Plaintiff
Jackson Chacha Wangwe
1st Defendant
Stephen Marwa Wekena
2nd Defendant
Procedural Posture
Environment and Land Case / Bill of Costs Taxation After Suit Determined on Preliminary Objection
Legal Issues
- 1 What instruction fee was payable where the suit was determined summarily without full trial
- 2 Which items in the defendant’s bill of costs were allowable under Schedule 7 of the Advocates Remuneration Order 2014
- 3 Whether proof of payment supported the claimed filing and related disbursements
Ratio Decidendi
Because the suit had been determined summarily following the upheld preliminary objection, the taxing officer applied Schedule 7 of the Advocates Remuneration Order 2014 and limited instruction fees to 75% of the standard fee. Non-permitted items were disallowed, and disbursements lacking proof of payment were taxed off, leaving the bill at Kshs. 39,350/-.
Court Disposition
Defendants’ bill of costs taxed at Kshs. 39,350/-.
Orders
- Item 1 taxed at Kshs. 33,750/-.
- Items 2, 3, 4, 5, 6, 9, 12 and 13 taxed off.
Full Case Text
Judgment text and source record
1 paragraphs
Sereria v Wangwe & another (Environment and Land Case E007 of 2026) [2026] KEMC 270 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEMC 270 (KLR) Republic of Kenya In the Kehancha Law Courts Environment and Land Case E007 of 2026 JP Nandi, SPM July 8, 2026 Between Joel Chacha Sereria Plaintiff and Jackson Chacha Wangwe 1st Defendant Stephen Marwa Wekena 2nd Defendant Ruling 1.This ruling is in respect of the defendant’s bill of costs dated 3rd June, 2026, which is assessed as follows: item 1 is subject to the provisions of SCHEDULE 7 of the Advocates Remuneration Order 2014 herein referred to as (ARO) Rule 1(b) which provides as follows;“To sue or defend in a suit in which the suit is determined in a summary manner in any manner whatsoever without going to full trial the fee shall be 75% of the fees chargeable under item 1(b)” 2.This suit was determined in a summary manner vide a ruling dated 29th May 2016 pursuant to a preliminary objection dated 16th April, 2026 which was upheld. Counsel for the defendants proposed a sum of Kshs. 45,000/= which is subject to 75% bring a figure of Kshs. 33,750/=. 3.Items 2,3,4,5,6,9,12 &13 are not provided for under schedule 7 of ARO 2014 and hereby tax them off. There is no payment proof for filing of submissions. 4.Items 10, 11 & 13 are drawn to scale which I hereby tax the same as drawn. Items 7 & 8 are taxed off as there is no prove of payment on the file and in the CTS. 5.In conclusion the defendants bill of costs dated 3rd June, 2026 is taxed @ Kshs. 39,350/= DATED, SIGNED AND DELIVERED IN OPEN COURT AT KEHANCHA ON THIS 8TH DAY OF JULY, 2026 VIRTUALLY VIA MICROSOFT TEAMS.J.P. NANDISENIOR PRINCIPAL MAGISTRATEIn the presence of:Mr. Enock…….Court AssistantPlaintiff………..absentDefendants………absentAdvocate for Plaintiff……..Mr. Awino presentAdvocate for defendants……Mr. Kisia present