[2024] KECPT 1685 (KLR)
The Tribunal found that since the claimant withdrew the matter with costs and did not contest the respondent's bill of costs, the bill should be taxed in accordance with the Advocate Remuneration Order Schedule II. The Tribunal assessed the items claimed, allowing Kshs. 35,280 for the defence of a matter that cannot...
Source-derived case information.
- Citation
- [2024] KECPT 1685 (KLR)
- Parties
- Applicant: Leonard Karimi Kinyua; Respondent: Bingwa Savings and Credit Cooperative Limited & others
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 49/E081 of 2023
- Procedural Posture
- Bill of Costs / Taxation Ruling After Withdrawal of Claim
- Outcome
- bill of costs taxed and allowed in part
- Judges
- BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Withdrawal of Suit, Advocate Remuneration Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Karimi Kinyua
Applicant
Bingwa Savings and Credit Cooperative Limited & others
Respondent
Procedural Posture
Bill of Costs / Taxation Ruling After Withdrawal of Claim
Legal Issues
- 1 Whether the respondent's bill of costs should be taxed as presented after withdrawal of the claim by the claimant.
- 2 What is the appropriate amount to be awarded under the Advocate Remuneration Order Schedule II.
Ratio Decidendi
The Tribunal found that since the claimant withdrew the matter with costs and did not contest the respondent's bill of costs, the bill should be taxed in accordance with the Advocate Remuneration Order Schedule II. The Tribunal assessed the items claimed, allowing Kshs. 35,280 for the defence of a matter that cannot be ascertained and Kshs. 1,400 for item 4, while items 2, 3, and 5 were taxed at nil. The total taxed costs awarded to the respondent amounted to Kshs. 36,680.
Court Disposition
bill of costs taxed and allowed in part
Orders
- The respondent's bill of costs is taxed and allowed at Kshs. 36,680.
- Items 2, 3, and 5 of the bill of costs are taxed at nil.
Full Case Text
Judgment text and source record
18 paragraphs
Kinyua v Bingwa Savings and Credit Cooperative Limited & others (Tribunal Case 49/E081 of 2023) [2024] KECPT 1685 (KLR) (3 October 2024) (Ruling)
Neutral citation: [2024] KECPT 1685 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 49/E081 of 2023
BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
October 3, 2024
Between
Leonard Karimi Kinyua
Claimant
and
Bingwa Savings and Credit Cooperative Limited & others
Respondent
Ruling
1. The matter for determination is Respondent’s Bill of Cost dated 28. 8.2023. The matter was withdrawn by the Claimant with costs.
2. The Claimants did not file any response to the Bill of Costs. We therefore tax the Bill of Costs as per Schedule II Advocate Remuneration Order as follows:i.Item 1 taxed at Kshs. 35,280/= since it was a Defence of a matter that cannot be ascertained.ii.Items 2,3,5 are taxed at NIL while item 4 is taxed at Kshs. 1400/-.
3. The Bill of Costs is therefore taxed at Kshs. 36,680/=.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD DAY OF OCTOBER, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 3. 10. 2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 3. 10. 2024HON. BEATRICE SAWE MEMBER SIGNED 3. 10. 2024HON. FRIDAH LOTUIYA MEMBER SIGNED 3. 10. 2024HON. PHILIP GICHUKI MEMBER SIGNED 3. 10. 2024HON. MICHAEL CHESIKAW MEMBER SIGNED 3. 10. 2024HON. PAUL AOL MEMBER SIGNED 3. 10. 2024Tribunal Clerk MutaiNo appearance by partiesRuling delivered in absence of partiesHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 3. 10. 2024