[2023] KECPT 393 (KLR)
The Tribunal found that several items in the bill of costs were either not supported by proof of payment, were already included in the instruction fees, or were exaggerated. The Tribunal applied the Advocates Remuneration Order to determine the proper amounts for instruction fees and getting up fees, and taxed off...
Source-derived case information.
- Citation
- [2023] KECPT 393 (KLR)
- Parties
- Applicant: Kenya Medical Association Sacco Ltd; Respondent: Zakayo Wafula Nalwa
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 324 of 2019
- Procedural Posture
- Bill of Costs Taxation / Ruling on Taxation of Bill of Costs
- Outcome
- bill of costs taxed and allowed in part
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Advocates Remuneration Order, Party to Party Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Medical Association Sacco Ltd
Applicant
Zakayo Wafula Nalwa
Respondent
Procedural Posture
Bill of Costs Taxation / Ruling on Taxation of Bill of Costs
Legal Issues
- 1 Whether the items claimed in the bill of costs are properly chargeable under the Advocates Remuneration Order.
- 2 Whether sufficient proof has been provided for the disbursements claimed.
- 3 Whether the amounts claimed for service and attendances are justified.
Ratio Decidendi
The Tribunal found that several items in the bill of costs were either not supported by proof of payment, were already included in the instruction fees, or were exaggerated. The Tribunal applied the Advocates Remuneration Order to determine the proper amounts for instruction fees and getting up fees, and taxed off amounts where no sufficient evidence was provided. The total amount taxed off from the original claim was Kshs. 42,903, resulting in a final award of Kshs. 176,347 as party-to-party costs. The Tribunal emphasized the need for strict compliance with the Remuneration Order and the requirement for proof of disbursements.
Court Disposition
bill of costs taxed and allowed in part
Orders
- The bill of costs dated 10th May 2021 is taxed at Kshs. 176,347.
- The taxed amount is awarded as party-to-party costs.
Full Case Text
Judgment text and source record
18 paragraphs
Kenya Medical Association Sacco Ltd v Nalwa (Tribunal Case 324 of 2019) [2023] KECPT 393 (KLR) (Civ) (15 June 2023) (Ruling)
Neutral citation: [2023] KECPT 393 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Civil
Tribunal Case 324 of 2019
BM Kimemia, Chair, J. Mwatsama, Vice Chair, Beatrice Sawe, Fridah Lotuiya, P. Gichuki, Michael Chesikaw & Paul Otieno Aol, Members
June 15, 2023
Between
Kenya Medical Association Sacco Ltd
Claimant
and
Zakayo Wafula Nalwa
Respondent
Ruling
1Ruling on Bill of Cost dated 10th May 2021. The Bill of cost will be taxed as follows:1. Kshs. 1,663/= taxed off from the getting up fees Act. Under the Remuneration Orders, the get up fees should be 1/3 of the instruction fees. The instruction fees after taxation amount to Kshs. 121, 010/= hence 1/3 being Kshs. 40, 337/=.2. From the instruction fees Kshs. 4,990/= taxed off making the amount Kshs. 121, 010/= from Kshs. 126, 000/=.3. Items 3,4,6,7,9 and 10 are taxed off as these charges are included as part of the instruction fee as provided for under Schedule 11 Sub-section 5 of the Advocates Remuneration Order.The items amount to a total of Kshs.6,450/=.4. Affidavit of Service dated 26th August 2019 confirms the service in item 5, but no proof of payment has been provided to show that the payment of Kshs. 15,500/= for service is exaggerated, hence Kshs. 5,000/= is taxed off.5. Item 8 is struck off as there was no service of the Notice of Motion. Hence Kshs. 12, 500/= struck off6. The dates 3rd February 2021 and 16th April 2021 are non-existent in the proceedings and hence the attendance alleged in items 11 and 12 cannot be ascertained. Kshs. 1,400/= is taxed off.7. The disbursement in items 13,14 and 15 are not supported by any proof of payment and can therefore not be confirmed
2. The total amount taxed from the original amount of Kshs.219,250 claimed is Kshs. 42,903/=. Hence the amount to be awarded in the party-to-party cost is Kshs. 176,347/=.Bill of Cost dated 10th May 2021 taxed at Kshs. 176,347. 00/=.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 15TH} DAY OF JUNE, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 15. 6.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 15. 6.2023HON. BEATRICE SAWE MEMBER SIGNED 15. 6.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 15. 6.2023HON. PHILIP GICHUKI MEMBER SIGNED 15. 6.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 15. 62023HON. PAUL AOL MEMBER SIGNED 15. 6.2023Tribunal Clerk Jemimah/JonahNo appearance by the parties.Judgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 15. 6.2023