https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/589
The court taxed the bill item by item, allowing only charges that were properly drawn under the Auctioneers Rules or reasonably proved, striking out unsupported claims for inventory, other disbursements, and process server’s fees, and substituting reasonable amounts where claimed transport expenses were not proved....
Source-derived case information.
- Citation
- [2026] KEMC 589 (KLR)
- Parties
- Auctioneer/applicant: Dickson OmOnde T/A Dimonde Agencies and Auctioneers; Instructing Party/1st Respondent: Rafiki Microfinance Bank Limited; Debtor/2nd Respondent: Charles Mwangi Ndung’u
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E588 of 2021
- Procedural Posture
- Miscellaneous Application – Auctioneer’s Bill of Costs/taxation / Ruling on Taxation/assessment
- Outcome
- Bill of costs partially allowed and taxed at Kshs. 114,435.27 only.
- Judges
- ["RN Maloba"]
- Legal Topics
- Taxation of Auctioneer’s Bill of Costs, Auctioneers Fees Rules, Assessment of Disbursements, Proclamation and Attachment Expenses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson OmOnde T/A Dimonde Agencies and Auctioneers
Auctioneer/applicant
Rafiki Microfinance Bank Limited
Instructing Party/1st Respondent
Charles Mwangi Ndung’u
Debtor/2nd Respondent
Procedural Posture
Miscellaneous Application – Auctioneer’s Bill of Costs/taxation / Ruling on Taxation/assessment
Legal Issues
- 1 Whether the auctioneer’s bill of costs was drawn to scale and allowable as presented
- 2 What amounts were properly recoverable under the Auctioneers Rules for each item in the bill
- 3 Whether claimed transport, inventory, process server, and disbursement items were supported by evidence
Ratio Decidendi
The court taxed the bill item by item, allowing only charges that were properly drawn under the Auctioneers Rules or reasonably proved, striking out unsupported claims for inventory, other disbursements, and process server’s fees, and substituting reasonable amounts where claimed transport expenses were not proved. The final taxed amount was Kshs. 114,435.27.
Court Disposition
Bill of costs partially allowed and taxed at Kshs. 114,435.27 only.
Orders
- Item 1 allowed at Kshs. 1,000
- Item 2 allowed at Kshs. 4,000
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE'S COURT AT BUNGOMA** **MISC. APPL. NO. E588 OF 2021** **DICKSON OMONDE T/A** **DIMONDE AGENCIES AND AUCTIONEERS...........AUCTIONEER/APPLICANT** **=VERSUS=** **RAFIKI MICROFINANCE** **BANK LIMITED............................INSTRUCTING PARTY/1ST RESPONDENT** **CHARLES MWANGI NDUNG’U………………………DEBTOR/2ND RESPONDENT** **RULING** The auctioneer filed the application dated 4/8/2021 seeking taxation/assessment of his bill of costs also dated 4/8/2021. The bill was canvassed by written submissions. It was urged by the auctioneer that the bill was drawn to scale and should be allowed as presented/drawn at kshs. 303,749.80. I proceed to assess the bill as hereunder; Item 1 – Upon receipt of warrants/letter of instruction drawn to scale and so it is taxed at kshs. 1000/=. Item 2 – Fees before attachment, item is drawn to scale. It is assessed at kshs. 4,000/=. Item 3 – Taking inventory – kshs. 4,300/= taxed off because there is no evidence that goods were transported or insured as provided for under part II Rule 10 of the Auctioneers Rules. Item 4 – Auctioneers commission on kshs. 1,097,022. This is the amount that was in arrears at the time the respondent instructed the auctioneer to repossess the charged motor vehicle. Rule 4 of part II applies as hereunder; 10% on first 1,000,000 = kshs. 10,000/= 5% of excess thereof 5/100 x 997,022 = kshs. 49,851.10 Total 10,000 + 49,851.10 = 59,851.10. Item 5 – Insurance – Nil Item 6 – transport to proclaim on 15/3/2018 Bungoma- Nairobi – Ngong hills. Auctioneer have claimed kshs. 212, 423 using a AA rates @ 73.3 x 2 x 3 x 483km. However, he did not disclose the motor vehicle he used or its engine capacity. Further to that, there is nothing like a fuel voucher, receipt or work ticket to show that the journey was by private car. In the circumstances, I would decline to adopt the above formula. Instead, I would allow sum of kshs. 25,000/= for this item as reasonable taxi hire charges. Item 7 – Security – Nil Item 8 – Storage – Nil Item 9 – Sale commission – nil Item 10 – Other disbursements ( printing, accommodation, food). No receipts provided and so this item is struck off entirely. Item 11 – Filing of; 1. Bill of costs 325 kshs. 2. Notice of Appointment – 75 kshs. 3. Submissions – 75 kshs. I will allow this item at kshs. 500/= on the basis of the receipt on record. Auctioneer paid kshs. 500/= for this bill. Item 12 – Process server’s fees kshs. 10,000/= charged. As no proof of service was provided, this item is struck off. Item 13 – Investigation – Bungoma – Nairobi Ngong Hills – kshs. 8,300 charged. I will allow this item since it is reasonable when compared with item 6. Total allowed = 1000 + 4000 + 59,851.1 + 25,000 + 500 + 8,300 = Kshs. 98,651.10 + 15, 758.176 = Kshs. 114,435.27 only. **HON. R.B.N MALOBA** **SPM** Delivered in open court this 20th day of August 2026 In the presence/absence of; Respondent- Mr. Macharia Applicant- N/A for Mr. Otsiula **R. B.N. MALOBA(MS)** **SPM**