https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/555
The court found that items lacking proof were not allowable, treated service by e-mail as compensable service at Kshs. 1,400 per item, assessed attendances at Kshs. 1,400 per item, and consequently allowed each bill of costs at Kshs. 68,400.
Source-derived case information.
- Citation
- [2026] KEMC 555 (KLR)
- Parties
- Plaintiffs: Wilson Oburu Omondi & Others; Defendant: Yunnan International Construction Co. Ltd
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E042 of 2025
- Procedural Posture
- Civil Suit; Ruling on Party and Party Bills of Costs / Determination of Plaintiffs’ Party and Party Bills of Costs Dated 23rd March 2026
- Outcome
- Bills of costs allowed and assessed
- Judges
- ["TO Omono"]
- Legal Topics
- Taxation of Party and Party Costs, Assessment of Service Costs by E Mail, Assessment of Attendances, Advocates Remuneration Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Oburu Omondi & Others
Plaintiffs
Yunnan International Construction Co. Ltd
Defendant
Procedural Posture
Civil Suit; Ruling on Party and Party Bills of Costs / Determination of Plaintiffs’ Party and Party Bills of Costs Dated 23rd March 2026
Legal Issues
- 1 Whether the objected items in the Plaintiffs’ bills of costs were properly payable
- 2 What award was appropriate for service of court processes by e-mail
- 3 What award was appropriate for attendances
Ratio Decidendi
The court found that items lacking proof were not allowable, treated service by e-mail as compensable service at Kshs. 1,400 per item, assessed attendances at Kshs. 1,400 per item, and consequently allowed each bill of costs at Kshs. 68,400.
Court Disposition
Bills of costs allowed and assessed
Orders
- Items 5 and 6 on service were struck out for want of proof.
- Items 3, 4, and 7 on service were assessed 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 SUIT NO. E042, 044, 045, & 048 OF 2025** **WILSON OBURU OMONDI & OTHERS……………………………………...PLAINTIFFS** **VERSUS** **YUNNAN INTERNATIONAL CONSTRUCTION CO. LTD………………...DEFENDANT** **RULING** 1. This ruling determines the Plaintiffs’ Party and Party Bills of Costs dated 23rd March 2026 filed in Bungoma CMCC Nos. E042, E044, E045, and E048 all of 2025 (“the suits”). 2. This court has given due regard to the Plaintiffs’ Party and Party Bills 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 5 and 6 were assessed off for want of proof. 2. Items 3, 4, & 7 were assessed at Kshs. 1,400/= each 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 Plaintiffs' Party and Party Bill of Costs dated 23rd March 2026 in the suits were assessed at Kshs. 68,400/= each. **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