[2025] KECPT 228 (KLR)
The Tribunal found that only those items in the Bill of Costs that were supported by evidence or otherwise justified under the Advocate Remuneration Order could be allowed. Instruction fees for the claim and the permanent injunction prayer were taxed at Kshs. 35,280 each. The counterclaim instruction fee was allowed...
Source-derived case information.
- Citation
- [2025] KECPT 228 (KLR)
- Parties
- Applicant: Bosco Ireri Joseph; Respondent: County Sacco Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 190/E001 of 2022
- Procedural Posture
- Bill of Costs Application / Ruling on Taxation of Bill of Costs
- Outcome
- Bill of Costs taxed at Kshs. 88,123 in favour of the Respondent.
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
- Legal Topics
- Taxation of Costs, Advocate Remuneration Order, Bill of Costs, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bosco Ireri Joseph
Applicant
County Sacco Limited
Respondent
Procedural Posture
Bill of Costs Application / Ruling on Taxation of Bill of Costs
Legal Issues
- 1 Whether the items claimed in the Respondent's Bill of Costs are properly proved and taxable under the Advocate Remuneration Order.
- 2 Whether the amounts claimed for instruction fees, attendances, service, and disbursements are justified and supported by evidence.
Ratio Decidendi
The Tribunal found that only those items in the Bill of Costs that were supported by evidence or otherwise justified under the Advocate Remuneration Order could be allowed. Instruction fees for the claim and the permanent injunction prayer were taxed at Kshs. 35,280 each. The counterclaim instruction fee was allowed at 50% of the claimed amount, totaling Kshs. 29,400. Attendances with proof were allowed at Kshs. 3,500, while those without proof were disallowed. Service of memorandum items with proof were allowed at Kshs. 4,500, and disbursements as pleaded were allowed at Kshs. 10,743. Damages and certain other items not provided for under the schedule or not proved were taxed at nil. The...
Court Disposition
Bill of Costs taxed at Kshs. 88,123 in favour of the Respondent.
Orders
- The Respondent's Bill of Costs dated 20/12/2023 is taxed at Kshs. 88,123.
- Orders to apply to CTC E002/2022.
Full Case Text
Judgment text and source record
20 paragraphs
Joseph v County Sacco Limited & another (Tribunal Case 190/E001 of 2022) [2025] KECPT 228 (KLR) (27 March 2025) (Ruling)
Neutral citation: [2025] KECPT 228 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 190/E001 of 2022
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & M Chesikaw, Members
March 27, 2025
Between
Bosco Ireri Joseph
Claimant
and
County Sacco Limited & another & another & another
Respondent
Ruling
1. The matter for determination of Respondents Bill of Cost dated 20/12/2023.
2. The parties filed Written Submission, the Claimants written submission dated 23 / 12/ 2024 and 1st Respondent Written Submission dated 15/10/2024.
3. We have carefully communicated the written submission of the parties and hereunder tax the said Bill of Cost under schedule 11 Advocate Remuneration Order .1. Item 1 instructions fees for the amount claimed taxed at Kshs. 35,280/= to defer the claim for permanent injunction prayer is taxed at Kshs. 35,280/=2. Instruction 8 act on behalf of Respondent and fully counter claim for sum of Kshs 425,185/= is hereby taxed out 50% of Ksh58,800/= amounts to Kshs 29,400/=.3. Attendances items 3,4,5,6,7,8 and 9 are taxed at Kshs 500/= each total Kshs. 3500/=4. Attendances items 10,11,12,13,14 and 15 are taxed at Nil each, there being No proof of attendance of matters, the matter having come up for mention in those instances.5. Service of memo items 16. 19 and 20 have been proved and hereby taxed at Kshs 1,500/= each total Ksh4,500/= items 17,18 are not proved and are taxed at NIL.6. Disbursements-n items 21,22,23,24 and 25 are hereby allowed and taxed as pleaded total Kshs 10,743/=.7. Damages – items 26,27and 28 are met provided for under the schedule hence taxed at NIL.8. Other Costs being fully of Bill of Cost Kshs 350/= allowed as prayed together until service thereof at Kshs 1500/= total Ksh1850/= items 31 taxed at Kshs 500/= and item 32 taxed at NIL total for this Ksh2,350/=
4. The Bill of Cost is therefore taxed at Kshs. 88,123/=
5. Orders to Apply to CTC E002/2022
RULED AND DELIVERED THIS 23/3/2025 IN THE PRESENCE OFRULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 3.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 3.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 3.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 3.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 3.2025Tribunal Clerk JonahMs. Njagi Advocate holding brief for the Joe Kathogo for the RespondentWinnie Ngigi advocate for Applicant – no appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025