https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/763
The bills of costs were taxed by applying the Advocates (Remuneration) Order to each disputed item: items properly drawn were allowed as drawn, service and attendance items were reduced to the prescribed scale amounts, court-fee items were allowed on the receipts, and unincurred items were disallowed as premature....
Source-derived case information.
- Citation
- [2026] KEMC 763 (KLR)
- Parties
- Plaintiff: Leonard Juma Okumu & Others; Defendant: Andrew Omondi Owino
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E201 of 2025
- Procedural Posture
- Civil Case / Ruling on Plaintiffs’ Party and Party Bills of Costs
- Outcome
- Plaintiffs’ Party and Party Bills of Costs dated 08th May 2026 were assessed at Kshs. 60,100/= each.
- Judges
- ["TO Omono"]
- Legal Topics
- Party and Party Taxation, Assessment of Bill of Costs, Service Fees, Attendance Fees, Court Fees, Recoverable Costs on Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Juma Okumu & Others
Plaintiff
Andrew Omondi Owino
Defendant
Procedural Posture
Civil Case / Ruling on Plaintiffs’ Party and Party Bills of Costs
Legal Issues
- 1 How the Plaintiffs’ Party and Party Bills of Costs should be assessed across the consolidated matters.
- 2 What amounts were payable for service, attendances, and court fees.
- 3 Whether future/unincurred costs could be taxed at this stage.
Ratio Decidendi
The bills of costs were taxed by applying the Advocates (Remuneration) Order to each disputed item: items properly drawn were allowed as drawn, service and attendance items were reduced to the prescribed scale amounts, court-fee items were allowed on the receipts, and unincurred items were disallowed as premature. On that basis, each bill was assessed at Kshs. 60,100/=.
Court Disposition
Plaintiffs’ Party and Party Bills of Costs dated 08th May 2026 were assessed at Kshs. 60,100/= each.
Orders
- Items 1–2, 4–6(a)-(c) and (f), and item 8 were assessed as drawn.
- Items 3 were each assessed at Kshs. 1,400/= under Schedule 7(10)(i) of the Advocates (Remuneration) Order.
Full Case Text
Judgment text and source record
1 paragraphs
Okumu & others v Owino (Civil Case E201, E204, E205, E207, E208, E214 & E222 of 2025 (Consolidated)) [2026] KEMC 763 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEMC 763 (KLR) Republic of Kenya In the Bungoma Law Courts Civil Case E201, E204, E205, E207, E208, E214 & E222 of 2025 (Consolidated) TO Omono, SRM July 23, 2026 Between Leonard Juma Okumu & Others Plaintiff and Andrew Omondi Owino Defendant Ruling 1.This ruling determines the Plaintiffs’ Party and Party Bills of Costs dated 08th May 2026 filed in Bungoma CMC CC Nos. E201, E204, E205, E207, E208, E214, and E222 all of 2025 (“the series”) since the said Bills of Costs seek similar costs arising from similar proceedings. 2.Items 1 – 2, 4 – 6 (a)-(c) and (f) as well as item 8 were assessed as drawn since the same were drawn to scale. Service 3.Items 3 in all the Bills of Costs in the series were assessed at Kshs. 1,400/= each per Schedule 7(10)(i) of the Advocates (Remuneration) Order (ARO), given that the Plaintiff failed to provide the particulars of the place where service of the Plaint and Summons to Enter Appearance was conducted. Attendances 4.Items 6(d) and 6(e) were assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO given that no hearing took place on those occasions. Court Fees 5.Items 7 in all the Bills of Costs in the series were assessed at Kshs. 500/= each per the court fees receipts on record. 6.Items 9 in all the Bills of Costs in the series were assessed off since those claims are yet to be incurred by the Plaintiffs at the time of assessing the costs due to the Plaintiffs. In any event, such costs are recoverable during execution upon proof of payment. Determination 7.The upshot of the foregoing is that the Plaintiffs’ Party and Party Bills of Costs dated 08th May 2026 filed in the series were assessed at Kshs. 60,100/= each. READ, SIGNED, AND DELIVERED IN OPEN COURT AT BUNGOMA, THIS 23RD DAY OF JULY 2026T.O. OMONOSENIOR RESIDENT MAGISTRATEIn the presence of:Ms. Chebet for the PlaintiffMr. Choni for the DefendantC/A: Mr. Rioba