https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/741
The court disallowed Items 4 and 5 for want of proof, allowed Item 6 at Kshs. 1,400 as email service, and taxed Items 9 and 10 at Kshs. 1,400 each for attendances, resulting in a total assessed Party and Party Bill of Costs of Kshs. 69,900.
Source-derived case information.
- Citation
- [2026] KEMC 741 (KLR)
- Parties
- Plaintiff: NICHOLAS RAHAYO OMONDI; Defendant: YUNNAN INTERNATIONAL CONSTRUCTION CO. LTD
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E043 of 2025
- Procedural Posture
- Civil Suit; Ruling on Party and Party Bill of Costs / Assessment of Plaintiff’s Party and Party Bill of Costs Dated 23rd March 2026
- Outcome
- Bill of costs assessed
- Judges
- ["TO Omono"]
- Legal Topics
- Party and Party Costs, Taxation/assessment of Bill of Costs, Service by Email, Attendance Fees, Proof of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NICHOLAS RAHAYO OMONDI
Plaintiff
YUNNAN INTERNATIONAL CONSTRUCTION CO. LTD
Defendant
Procedural Posture
Civil Suit; Ruling on Party and Party Bill of Costs / Assessment of Plaintiff’s Party and Party Bill of Costs Dated 23rd March 2026
Legal Issues
- 1 Whether items 4 and 5 in the bill were payable without proof of service
- 2 What the proper award for service by email under the Advocates Remuneration Order was
- 3 What the proper award for attendances under Schedule 7(6) of the Advocates Remuneration Order was
Ratio Decidendi
The court disallowed Items 4 and 5 for want of proof, allowed Item 6 at Kshs. 1,400 as email service, and taxed Items 9 and 10 at Kshs. 1,400 each for attendances, resulting in a total assessed Party and Party Bill of Costs of Kshs. 69,900.
Court Disposition
Bill of costs assessed
Orders
- The Plaintiff’s Party and Party Bill of Costs dated 23rd March 2026 was assessed at Kshs. 69,900/=.
- Items 4 and 5 were disallowed for want of proof.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **CIVIL SUIT NO. E043 OF 2025** **NICHOLAS RAHAYO OMONDI………………………………………………...PLAINTIFF** **VERSUS** **YUNNAN INTERNATIONAL CONSTRUCTION CO. LTD………………...DEFENDANT** **RULING** 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 23rd March 2026. 2. This court has given due regard to the Plaintiff’s Party and Party Bill of Costs as well as the Defendant’s written submissions on record. 3. The items objected to by the Defendant have been assessed as set out below. **Service** 1. Items 4 and 5 were assessed off for want of proof. 2. Item 6 was assessed at Kshs. 1,400/= per the holding in **Aoro v Were (Miscellaneous Reference Application E019 of 2022) [2022] KEHC 14628 (KLR),** Aburili, J, where rendered herself as follows on the cost of service via e-mail: *53.The starting point herein is to point out that whereas order 5 of the Civil Procedure Rules relates to service of summons, it applies mutatis mutandis to service of other court processes, which include applications and related documents. This provision, it should be noted, was necessitated by the advent of Covid-19 pandemic which made it impossible for personal and even postal service of documents or court processes.* *54.For the above reasons, I hold that service via e-mail is still service and draws an award of Kshs. 1,400 in line with Paragraph 10 of schedule 7 of the Advocates Remuneration Order. I find no error on the part of the taxing officer in awarding the respondent items 9,10,24,33,38,41,42,45 as drawn. Accordingly, the objection thereto is found to be devoid of any merit.* **Attendances** 1. Items 9 and 10 were assessed at Kshs. 1,400/= each per schedule 7(6) of the Advocates (Remuneration) Order (ARO). **DETERMINATION** 1. The upshot of the foregoing is that the Plaintiff’s Party and Party Bill of Costs dated 23rd March 2026 in the suits was assessed at Kshs. 69,900/=. **Read, signed, and delivered in open court at Bungoma, this 30th day of June 2026** **T.O. OMONO** **SENIOR RESIDENT MAGISTRATE** **In the presence of:** Ms. Kinyanjui for the Defendant C/A: Rioba