https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/779
The defendants failed to file a response or attend the taxation, leaving the bill uncontested. The court therefore assessed the bill on the basis of the decretal sum of Ksh 186,000 and taxed the items as stated, including instruction fees of Ksh 40,000, resulting in a total taxed bill of Ksh 155,555.
Source-derived case information.
- Citation
- [2026] KEMC 779 (KLR)
- Parties
- Plaintiff/claimant: JOSHIA OGOT OGOLA; Defendant: EMILY OTIENO; Defendant: JOHN OTIENO OKELLO
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case 122 of 2020
- Procedural Posture
- Party and Party Bill of Costs Taxation in a Civil Suit / Ruling on Taxation
- Outcome
- Bill of costs taxed at Ksh 155,555 in favour of the plaintiff; 30 days stay of execution granted.
- Judges
- ["ME Aligula"]
- Legal Topics
- Taxation of Party and Party Bill of Costs, Assessment of Instruction Fees, Failure to File Response to Bill of Costs, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
JOSHIA OGOT OGOLA
Plaintiff/claimant
EMILY OTIENO
Defendant
JOHN OTIENO OKELLO
Defendant
Procedural Posture
Party and Party Bill of Costs Taxation in a Civil Suit / Ruling on Taxation
Legal Issues
- 1 What is the proper taxation of the plaintiff's party-and-party bill of costs
- 2 What instruction fees are payable based on the decretal sum
- 3 Whether the bill should be taxed as drawn on uncontested items
Ratio Decidendi
The defendants failed to file a response or attend the taxation, leaving the bill uncontested. The court therefore assessed the bill on the basis of the decretal sum of Ksh 186,000 and taxed the items as stated, including instruction fees of Ksh 40,000, resulting in a total taxed bill of Ksh 155,555.
Court Disposition
Bill of costs taxed at Ksh 155,555 in favour of the plaintiff; 30 days stay of execution granted.
Orders
- Instruction fees assessed at Ksh 40,000
- Item c taxed at Ksh 10,000
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE MAGISTRATE COURT OF KENYA AT UASIN GISHU COUNTY COURT NAME: ELDORET MAGISTRATE COURT** **CASE NUMBER: MCCC/122/2020** **JOSHIA OGOT OGOLA VS EMILY OTIENO AND JOHN OTIENO OKELLO RULING** 1. The plaintiff filed his party- and- party bill of costs dated 25th May, 2026. the bill of costs was served upon the defendant as per the return of service sworn on 3rd July, 2026 by Zablon O. Bikeri. When the matter came up for taxation on 15th July, 2026 both parties were present Mr Kutto Counsel for the defendant sought time to file a response to the said bill of costs and a further taxation date was issued for 26th August 2026. The defendant failed to file a response or attend court on that date. The court shall proceed and assess the bill of costs as follows: 2. The judgement sum is ksh 186,000/-. A subject value of ksh 186,000/- falls within the ksh 100,000 to 200,000; hence the instruction fees are kshs 40,000/- 3. Items b, d,e, f, g, h i, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y, z, aa, bb, cc, dd, ee, gg, hh, jj, ll, oo, pp are taxed as drawn. 4. Item c taxed at ksh 10,000/- 5. Item ff taxed at kshs 9200/- 6. Items ii, kk, each taxed at ksh 2100/- 7. Item mm, taxed at ksh. 7,000/- 8. Item, nn taxed at ksh 4200/- 9. Items qq and rr each taxed at ksh 2,100 10. The bill of costs at taxed at **ksh 155,555/-** 30 days stay of execution is granted. Ruling dated, signed and delivered electronically at Eldoret this 27th day of August 2026. M.E Aligula - RM