[2023] KECPT 1053 (KLR)
The Tribunal found that the Bill of Costs was unopposed and proceeded to assess the items strictly in accordance with the Advocate Remuneration Order 2014, Schedule II. Instruction fees were taxed at Kshs. 58,800 as the matter was not complex. Items not provided for under the schedule were disallowed. Attendance and...
Source-derived case information.
- Citation
- [2023] KECPT 1053 (KLR)
- Parties
- Applicant: Fredrick Masibo; Respondent: Benson Masika Masinde; Respondent: Stima Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 170 of 2020
- Procedural Posture
- Bill of Costs / Taxation Ruling
- Outcome
- Bill of Costs taxed and allowed in the sum of Kshs. 76,900.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Advocate Remuneration, Bill of Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Masibo
Applicant
Benson Masika Masinde
Respondent
Stima Sacco Society Limited
Respondent
Procedural Posture
Bill of Costs / Taxation Ruling
Legal Issues
- 1 Whether the Bill of Costs dated 25.10.2021 should be taxed as presented by the applicant.
- 2 What is the appropriate amount to be awarded under the Advocate Remuneration Order 2014 for the items claimed.
Ratio Decidendi
The Tribunal found that the Bill of Costs was unopposed and proceeded to assess the items strictly in accordance with the Advocate Remuneration Order 2014, Schedule II. Instruction fees were taxed at Kshs. 58,800 as the matter was not complex. Items not provided for under the schedule were disallowed. Attendance and service items were taxed at the prescribed rates. The total amount taxed was Kshs. 76,900. The Tribunal applied this assessment to both CTC.NO. 170 and 194 of 2020, as the matters were related. The ruling was delivered in the absence of the parties, with only the applicant's advocate present.
Court Disposition
Bill of Costs taxed and allowed in the sum of Kshs. 76,900.
Orders
- The Bill of Costs dated 25.10.2021 is taxed at Kshs. 76,900.
- This assessment applies to CTC.NO. 170 and 194 of 2020.
Full Case Text
Judgment text and source record
20 paragraphs
Masibo v Masinde & another (Tribunal Case 170 of 2020) [2023] KECPT 1053 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KECPT 1053 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 170 of 2020
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
November 30, 2023
Between
Fredrick Masibo
Claimant
and
Benson Masika Masinde
1st Respondent
Stima Sacco Society Limited
2nd Respondent
Ruling
1. The matter for determination is Bill of Cost dated 25. 10. 2021. There was no response despite service.The Bill of Cost is hereby assessed under Schedule II Advocate Remuneration Order 2014 and tax the bill as follows:1. Item 1 and 2 instruction fees is hereby taxed at Kshs. 58,800/=since the matter as claimed was not a complex matter. Total Kshs. 58,800/=.2. Item 2 is taxed off at NIL since its not provided for under schedule II.3. All items on attendance (a) 5,7,8,11,12,13,14,15,16 are hereby taxed at Kshs. 500/= each total Kshs. 4500/=.(b)item 9 and 10 are assessed at NIL(c)item 6 is taxed at Kshs. 2100/=.Total Kshs. 6600/=4. Items on service 18,19-24 are each assessed at Kshs. 1000/= x7= Kshs. 7000/=.
2. We therefore tax the Bill of Cost at Kshs. 76,900/= total.
3. This assessment to apply to CTC.NO. 170 and 194 of 2020.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF NOVEMBER, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 30. 11. 2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 11. 2023HON. BEATRICE SAWE MEMBER SIGNED 30. 11. 2023HON. FRIDAH LOTUIYA MEMBER SIGNED 30. 11. 2023HON. PHILIP GICHUKI MEMBER SIGNED 30. 11. 2023HON. MICHAEL CHESIKAW MEMBER SIGNED 30. 11. 2023HON. PAUL AOL MEMBER SIGNED 30. 11. 2023In presence of:-No appearance by partiesSikuta advocate for the Claimant.