[2023] KECPT 784 (KLR)
The Tribunal found that the Bill of Costs should be taxed strictly in accordance with the Advocates Remuneration Order Schedule II. Items not allowed under Schedule II(5) were disallowed and taxed off at NIL. Instruction fees, service of summons, attendance to fix a mention date, and disbursements were allowed as...
Source-derived case information.
- Citation
- [2023] KECPT 784 (KLR)
- Parties
- Applicant: Lilian Kemunto Osero; Respondent: Kencom Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 328B (E124) of 2021
- Procedural Posture
- Bill of Costs / Taxation Ruling
- Outcome
- Bill of Costs taxed and allowed in the sum of Kshs. 35,195/=
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Costs Taxation, Advocates Remuneration Order, Bill of Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Kemunto Osero
Applicant
Kencom Sacco Society Limited
Respondent
Procedural Posture
Bill of Costs / Taxation Ruling
Legal Issues
- 1 Whether the Bill of Costs dated 18.5.2022 should be taxed as drawn.
- 2 Whether the items claimed are allowable under the Advocates Remuneration Order Schedule II.
Ratio Decidendi
The Tribunal found that the Bill of Costs should be taxed strictly in accordance with the Advocates Remuneration Order Schedule II. Items not allowed under Schedule II(5) were disallowed and taxed off at NIL. Instruction fees, service of summons, attendance to fix a mention date, and disbursements were allowed as drawn to scale. The total amount taxed was Kshs. 35,195/=. No response or objection having been filed by the respondent, the Tribunal proceeded to assess the Bill as presented, subject to the applicable legal framework.
Court Disposition
Bill of Costs taxed and allowed in the sum of Kshs. 35,195/=
Orders
- The Bill of Costs dated 18.5.2022 is taxed at Kshs. 35,195/=
Full Case Text
Judgment text and source record
18 paragraphs
Osero v Kencom Sacco Society Limited (Tribunal Case 328B (E124) of 2021) [2023] KECPT 784 (KLR) (31 August 2023) (Ruling)
Neutral citation: [2023] KECPT 784 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 328B (E124) of 2021
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
August 31, 2023
Between
Lilian Kemunto Osero
Claimant
and
Kencom Sacco Society Limited
Respondent
Ruling
1. The matter for determination is a Bill of Cost dated 18. 5.2022. There was no response filed against the same.
2. The same is taxed/assessed in accordance to the Advocates Remuneration Order Schedule II as follows:1. Item 1- Instructions Fees taxed off at Kshs. 23,520/= as it is drawn to scale.2. Items 2,3,4,5,7,8 and 11 are not allowed under schedule II(5) hence taxed of at NIL3. Items 6- Service of Summons taxed off at Kshs. 3000/= and items 10 taxed off at Kshs. 1400/= total Kshs. 4400/=.4. Item 9- Attendance to fix a Mention date taxed off at Kshs. 500/=.5. Item 12- Disbursements taxed off at Kshs. 6775/= as it is drawn to scale.
3. We therefore tax the Bill of Cost at Kshs. 35,195/= total.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 31ST DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 31. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 31. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 31. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 31. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 31. 8.2023HON. PAUL AOL MEMBER SIGNED 31. 8.2023TRIBUNAL CLERK JEMIMAHRuling delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31. 8.2023