[2023] KECPT 905 (KLR)
The Tribunal found that only those items in the Bill of Costs that are expressly provided for under Schedule II of the Advocate's Remuneration Order 2014 and supported by evidence (such as receipts) are allowable. Instruction fees opposed by the Claimant were taxed off, and items not provided for under the schedule...
Source-derived case information.
- Citation
- [2023] KECPT 905 (KLR)
- Parties
- Applicant: Mhasibu Sacco; Respondent: Isaac Gatiri Mwangi
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 772 of 2019
- Procedural Posture
- Bill of Costs / Taxation Ruling
- Outcome
- Bill of Costs taxed at Kshs 150,530 as per Schedule II Advocate's Remuneration (Amendment) Order 2014.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Advocate Remuneration, Bill of Costs, Schedule Ii Advocate Remuneration Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mhasibu Sacco
Applicant
Isaac Gatiri Mwangi
Respondent
Procedural Posture
Bill of Costs / Taxation Ruling
Legal Issues
- 1 Whether the items claimed in the Bill of Costs are allowable under Schedule II of the Advocate's Remuneration Order 2014.
- 2 Whether the amounts claimed for instruction fees, legal fees, perusal, response to letters, drawing, compiling annexture, registration, filings, attendances, and filing submissions are justified and supported by evidence.
Ratio Decidendi
The Tribunal found that only those items in the Bill of Costs that are expressly provided for under Schedule II of the Advocate's Remuneration Order 2014 and supported by evidence (such as receipts) are allowable. Instruction fees opposed by the Claimant were taxed off, and items not provided for under the schedule (legal fees, perusal and response to letters, drawing, compiling annexture) were disallowed. Registration and filing fees were allowed as per receipts. Attendances not proved were taxed at NIL, while those supported were allowed at specified amounts. The Tribunal thus taxed the Bill of Costs at Kshs 150,530 in accordance with the applicable schedule and supporting documentation.
Court Disposition
Bill of Costs taxed at Kshs 150,530 as per Schedule II Advocate's Remuneration (Amendment) Order 2014.
Orders
- The Bill of Costs dated 6.2.2023 is taxed at Kshs 150,530.
- Items not provided for under Schedule II are taxed at NIL.
Full Case Text
Judgment text and source record
17 paragraphs
Mhasibu Sacco v Mwangi (Tribunal Case 772 of 2019) [2023] KECPT 905 (KLR) (26 October 2023) (Ruling)
Neutral citation: [2023] KECPT 905 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 772 of 2019
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
October 26, 2023
Between
Mhasibu Sacco
Claimant
and
Isaac Gatiri Mwangi
Respondent
Ruling
1. The matter for determination is a Bill of Cost dated 6. 2.2023. the same is opposed vide the submissions of the Claimant dated 19. 9.2023. The taxation is therefore as follows:In accordance to Schedule II Advocate Remuneration Order 2014. 1.Item instruction fees is opposed by the Claimant as per Schedule II (8a). this item is therefore taxed off at Kshs 141,415/=2. Item 2 Legal Fees item 3 perusal and Response to letters item 9, drawing item 12 compiling annexture not provided for under schedule II hence they are hereby taxed at NIL.3. Item 4 and 5 Registration and filings are hereby taxed as per the receipts filed at Kshs 150/= and Kshs 390/= respectively.4. Attendances, items 6,8,14,16 are taxed at NIL for not being proved item 7, 11,13,15,17 are hereby taxed at Kshs 1500/= each items 17 (1), (2) taxed at Kshs 500/= each.5. Item 10 filing submissions taxed at Kshs 75/=.
2. We therefore find that the Bill of Cost is hereby taxed at Kshs 150,530/= as per Schedule II Advocate’s Remuneration (Amendment) Order 2014.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF OCTOBER, 2023. .....................HON. BEATRICE KIMEMIACHAIRPERSON.....................HON. J. MWATSAMADEPUTY CHAIRPERSON.....................HON. BEATRICE SAWEMEMBER.....................HON. FRIDAH LOTUIYAMEMBER.....................HON. PHILIP GICHUKIMEMBER.....................HON. MICHAEL CHESIKAWMEMBER.....................HON. PAUL AOLMEMBERTribunal Clerk JonahKansiime advocate for RespondentMuriithi Kireria advocate for the Claimant- No appearance