https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/606
The court treated the two bills as similar arising from similar proceedings, allowed drawn items that were properly scaled, taxed service items at the prescribed rate due to missing particulars, taxed non-hearing attendances at the prescribed rate, allowed court fees supported by receipts, and disallowed future...
Source-derived case information.
- Citation
- [2026] KEMC 606 (KLR)
- Parties
- Plaintiffs: ERICK FITONJE MWEYU & ANOTHER; Defendant: ANDREW OMONDI OWINO
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E213 of 2025
- Procedural Posture
- Civil Case; Taxation/assessment of Party and Party Bills of Costs / Ruling on Plaintiffs’ Party and Party Bills of Costs Dated 24 April 2026
- Outcome
- Bills of costs allowed in part; each bill assessed at Kshs. 85,300/=
- Judges
- ["TO Omono"]
- Legal Topics
- Taxation of Party and Party Costs, Assessment of Disbursements and Attendances, Service Fees, Court Fees, Items Disallowed as Premature/unincurred
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ERICK FITONJE MWEYU & ANOTHER
Plaintiffs
ANDREW OMONDI OWINO
Defendant
Procedural Posture
Civil Case; Taxation/assessment of Party and Party Bills of Costs / Ruling on Plaintiffs’ Party and Party Bills of Costs Dated 24 April 2026
Legal Issues
- 1 What amount should be allowed on the Plaintiffs’ party and party bills of costs in two similar matters
- 2 Whether service items were properly charged without particulars of place of service
- 3 Whether attendance items were chargeable where no hearing took place
Ratio Decidendi
The court treated the two bills as similar arising from similar proceedings, allowed drawn items that were properly scaled, taxed service items at the prescribed rate due to missing particulars, taxed non-hearing attendances at the prescribed rate, allowed court fees supported by receipts, and disallowed future unincurred items, resulting in each bill being assessed at Kshs. 85,300/=.
Court Disposition
Bills of costs allowed in part; each bill assessed at Kshs. 85,300/=
Orders
- Items 1–2, 4–6(a),(b),(d) and (f), and item 8 allowed as drawn.
- Items 3 in both bills taxed at Kshs. 1,400/= each.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **CIVIL CASE NO. E213 & E215 OF 2025** **ERICK FITONJE MWEYU & ANOTHER………………………………………...PLAINTIFFS** **VERSUS** **ANDREW OMONDI OWINO……………………….……….…………………DEFENDANT** **RULING** 1. This ruling determines the Plaintiffs’ Party and Party Bills of Costs dated 24th April 2026 filed in Bungoma CMC CC Nos. E213 and E215 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),(b),(d) and (f) as well as item 8 were assessed as drawn since the same were drawn to scale. **Service** 1. Items 3 in both 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** 1. Items 6(c) and 6(e) in both Bills of Costs in the series 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** 1. Items 7 in both Bills of Costs in the series were assessed at Kshs. 500/= each per the court fees receipts on record. 2. Items 9 and 10 in both 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** 1. The upshot of the foregoing is that the Plaintiffs’ Party and Party Bills of Costs dated 24th April 2026 filed in the series were assessed at Kshs. 85,300/= each. **Read, signed, and delivered in open court at Bungoma, this 23rd day of July 2026** **T.O. OMONO** **SENIOR RESIDENT MAGISTRATE** **In the presence of:** Ms. Chebet for the Plaintiff Mr. Choni for the Defendant C/A: Mr. Rioba