https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/689
The bill of costs was taxed by allowing the items drawn to scale, awarding Kshs. 2,000 for service Item 3, disallowing unproved Items 4 and 24, taxing off attendance Items 7 and 9 for non-attendance, and allowing Item 11 at Kshs. 1,400 under Schedule 7(6), resulting in a total taxed amount of Kshs. 163,100.
Source-derived case information.
- Citation
- [2026] KEMC 689 (KLR)
- Parties
- Plaintiff: Juliet Nasimiyu Matere; Plaintiff: Sylvester Kundu Nakitare; Defendant: Richard Makori Siro
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E499 of 2024
- Procedural Posture
- Civil Suit; Taxation of Party and Party Bill of Costs / Ruling on Bill of Costs
- Outcome
- Plaintiff’s party and party bill of costs allowed in part and taxed at Kshs. 163,100/=.
- Judges
- ["TO Omono"]
- Legal Topics
- Taxation of Party and Party Bill of Costs, Assessment of Instructions and Attendance Fees, Proof of Disbursements, Assessment of Service Fees, Advocates (remuneration) Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliet Nasimiyu Matere
Plaintiff
Sylvester Kundu Nakitare
Plaintiff
Richard Makori Siro
Defendant
Procedural Posture
Civil Suit; Taxation of Party and Party Bill of Costs / Ruling on Bill of Costs
Legal Issues
- 1 How the Plaintiff’s party and party bill of costs should be taxed
- 2 Whether claimed items were proved and attributable
- 3 What amount should be allowed for service and attendance items
Ratio Decidendi
The bill of costs was taxed by allowing the items drawn to scale, awarding Kshs. 2,000 for service Item 3, disallowing unproved Items 4 and 24, taxing off attendance Items 7 and 9 for non-attendance, and allowing Item 11 at Kshs. 1,400 under Schedule 7(6), resulting in a total taxed amount of Kshs. 163,100.
Court Disposition
Plaintiff’s party and party bill of costs allowed in part and taxed at Kshs. 163,100/=.
Orders
- Item 3 allowed at Kshs. 2,000/=
- Item 4 taxed off for want of proof
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **CIVIL SUIT NO. E499 OF 2024** **JULIET NASIMIYU MATERE & SYLVESTER KUNDU NAKITARE (Suing as the Legal Representatives of the Estate of DANIEL WAFULA KUNDU (Deceased)………………………………………………………………................PLAINTIFFS** **VERSUS** **RICHARD MAKORI SIRO....………………………………………………...DEFENDANT** **RULING** 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 14th May 2026. 2. Items 1, 2,5,6,8,10, and 12 – 23 were assessed as drawn since the said items were drawn to scale. **Service** 1. Item 3 was assessed at Kshs. 2,000/= considering the distance between Bungoma and Malaba. 2. Item 4 was assessed off for want of proof. **Attendances** 1. Items 7 and 9 were assessed off since neither the Plaintiff nor his counsel attended court on those occasions. 2. Item 11 was assessed at Kshs. 1,400/= schedule 7(6) of the Advocates (Remuneration) Order (ARO), given that the hearing did not take off. **Disbursements** 1. Item 24 was assessed off for want of proof. **DETERMINATION** 1. The upshot of the foregoing is that the Plaintiff’s Party and Party Bill of Costs dated 04th May 2026 is assessed at Kshs. 163,100/=. **Read, signed, and delivered in open court at Bungoma, this 09th day of July 2026** **T.O. OMONO** **SENIOR RESIDENT MAGISTRATE** **In the presence of:** Mr. Shikhu for the Plaintiff Mr. Choni for the Defendant C/A: Rioba