[2025] KEMC 73 (KLR)

[2025] KEMC 73 (KLR)

The court determined that, since the suit was defended, the higher scale under the Advocates Remuneration Order applied to the assessment of party and party costs. The court exercised its discretion to award Ksh. 65,000 for party and party costs, considering the nature and complexity of the suit, which was not complex. Additional sums were awarded for the application (Ksh. 3,000), court fees (Ksh. 4,100), and court attendances (Ksh. 25,900), based on documented attendances and receipts. The court declined to award witness expenses due to lack of supporting documentation. The total costs were assessed at Ksh. 98,500, less Ksh. 2,600 previously awarded to the plaintiff, resulting in a net...

Citation
[2025] KEMC 73 (KLR)
Parties
Plaintiff: Josephine Mwikali Musa; Defendant: Irene Munini Matheka
Court
Magistrate's Court
Court Station
Makindu Law Courts
Jurisdiction
Kenya
Judgment Date
24 April 2025
Case Number
Civil Case E014 of 2022
Procedural Posture
Civil Case / Ruling on Assessment of Costs
Outcome
Costs assessed and awarded to the defendant/decree-holder as specified; decree and certificate of costs to issue.
Judges
YA Shikanda
Legal Topics
Costs Assessment, Party and Party Costs, Advocates Remuneration Order, Court Fees, Decree and Certificate of Costs
Source Language
English
Civil Procedure Costs Assessment Party and Party Costs Advocates Remuneration Order Court Fees Decree and Certificate of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Josephine Mwikali Musa

Plaintiff

Irene Munini Matheka

Defendant

Procedural Posture

Civil Case / Ruling on Assessment of Costs

Legal Issues

  1. 1 What is the appropriate amount of costs payable to the defendant by the plaintiff following dismissal of the suit.
  2. 2 Whether the costs should be assessed on the higher scale under the Advocates Remuneration Order.
  3. 3 Whether supporting documents are required for witness expenses to be awarded.

Ratio Decidendi

The court determined that, since the suit was defended, the higher scale under the Advocates Remuneration Order applied to the assessment of party and party costs. The court exercised its discretion to award Ksh. 65,000 for party and party costs, considering the nature and complexity of the suit, which was not complex. Additional sums were awarded for the application (Ksh. 3,000), court fees (Ksh. 4,100), and court attendances (Ksh. 25,900), based on documented attendances and receipts. The court declined to award witness expenses due to lack of supporting documentation. The total costs were assessed at Ksh. 98,500, less Ksh. 2,600 previously awarded to the plaintiff, resulting in a net...

Court Disposition

Costs assessed and awarded to the defendant/decree-holder as specified; decree and certificate of costs to issue.

Orders

  • Party and party costs on higher scale awarded at Ksh. 65,000.
  • Application costs awarded at Ksh. 3,000.