https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/162

The court taxed the bill by allowing only those items that were either expressly provided for under Schedule 7 or properly proved on the record, while taxing off items that were unsupported, duplicated, excessive, or not provided for. The final taxed amount was Kshs. 138,350/=.

Source-derived case information.

Citation: [2026] KEMC 162 (KLR)
Parties: Plaintiff/applicant: Jael Achieng Ouma (Suing as the Representative of the Estate of Jared Okiro Ouma - Deceased); Defendant/respondent: Otieno Richard Nickson Aricho
Court: Magistrate's Court
Jurisdiction: Kenya
Case Number: Civil Suit 133 of 2022
Procedural Posture: Civil Suit Taxation of Party and Party Bill of Costs / Ruling on Taxation of the Plaintiff/applicant’s Bill of Costs Dated 5/12/2025
Outcome: Bill of costs taxed at Kshs. 138,350/= only.
Judges: ["RN Maloba"]
Legal Topics: Taxation of Bill of Costs, Instruction Fees, Disbursements, Attendance Fees, Schedule 7 of the Advocates (remuneration) Order, Items Not Proved or Not Provided for
Source Language: en

Civil Procedure Costs and Taxation Advocates Remuneration Taxation of Bill of Costs Instruction Fees Disbursements Attendance Fees Schedule 7 of the Advocates (remuneration) Order +1 more

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 12

Parties

Jael Achieng Ouma (Suing as the Representative of the Estate of Jared Okiro Ouma - Deceased)

Plaintiff/applicant

Otieno Richard Nickson Aricho

Defendant/respondent

Procedural Posture

Civil Suit Taxation of Party and Party Bill of Costs / Ruling on Taxation of the Plaintiff/applicant’s Bill of Costs Dated 5/12/2025

Legal Issues

1 What items in the bill of costs were properly chargeable under Schedule 7 of the Advocates (Remuneration) Order
2 Whether claimed items were supported by the record and receipts
3 What amount should be allowed for attendances, service, and court fees

Ratio Decidendi

Court Disposition

Bill of costs taxed at Kshs. 138,350/= only.

Orders

Item 1 allowed as drawn at Kshs. 110,250
Item 2 allowed as drawn at Kshs. 10,000

Full Case Text

Judgment text and source record

1 paragraphs

Ouma (Suing as the Representative of the Estate of Jared Okiro Ouma - Deceased) v Aricho (Civil Suit 133 of 2022) [2026] KEMC 162 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEMC 162 (KLR) Republic of Kenya In the Bungoma Law Courts Civil Suit 133 of 2022 RN Maloba, SPM June 25, 2026 Between Jael Achieng Ouma (Suing as the Representative of the Estate of Jared Okiro Ouma - Deceased) Plaintiff and Otieno Richard Nickson Aricho Defendant Ruling 1.The court has been called upon to assess the plaintiff/ Applicant’s bill of costs dated 5/12/2025. Satisfied that the bill was properly served, the court will proceed to assess the bill under schedule 7 of Advocates (Remuneration) Order follows; 1.Item 1- Instruction fees. The award made was for Kshs. 2850,000/=. The applicant has charged Kshs. 110,250/= apparently using the lower scale in para (c) of schedule 7 but which gives a higher figure of Kshs. 111,250 when properly applied. In view of this, I would tax this item as drawn. 2.Item 2- Filing Misc. suit for Ad litem. The applicant charged Kshs. 10,000/=. I will tax this item as drawn on the basis of the Ad litem on record and the same being reasonably charged. 3.Item 3- Drawing Notice of Intention to sue. The applicant has charged Kshs. 5000/=. But this is found to be exorbitant because what was drawn was not an application which would justify such a sum under para. 5 of schedule 7. Because the same is not provided for under the schedule, I would tax it off entirely. I believe that the same is covered under instruction fees. 4.Item 4- Drawing plaint. For the reason in (3) above, the same is taxed off entirely. 5.Item 5- Service of STEA In Kisumu. The applicant has charged Kshs. 10,000/=. Under para 10(i), service within 3 km of the court registry attracts a charge of Kshs. 1,400/=. Beyond that, the actual expense incurred by the process server is to be charged as provided under (ii) thereof. In this case, service was outside the three km distance of this court. Because no receipt on actual expense incurred during the said service was provided, I would in my discretion tax this item at Kshs. 5,000/= 6.Item 6-Service of mention notice dated 23/3/2023. The applicant has charged Kshs. 3,500/= for this item. The court’s observations are no such a notice is on record or a return on the same to warrant charging of this item. The item has not been proved. It is taxed off.For the same reason, items 7-10 as well as item 12,15,17 and 20 are all taxed off. 7.Item 11- Drawing consent dated 26/2/2025. Applicant has charged Kshs.3,000/= for this item. Not provided for and so it is taxed off. This applies also to Item 13 on drawing submissions dated 10/602025 and item 18 on drawing bill of costs both of which are taxed off too. 8.Court fees on submissions. Taxed as presented at Kshs. 500/= per receipt in the file. 9.Item 16-Drawing affidavit of service dated 16/7/2025. Drawn to scale but not proved as no such an affidavit is on record. It is taxed off. 10.Item 19- Court fees on bill of costs. Drawn to scale and is taxed at Kshs. 500 per receipt on record. 11.Item 21-Attendance by Advocate in court for mention 14/9/2023. Kshs. 2,100 charged. But the attendance was by a representative at the registry which is not provided for. It should have been presented as a disbursement with actual proof instead. Item is taxed off. 12.Item 22- Attending court for mention on 5/2/2024 (actual date is 15/2/2024). Kshs. 2,100 charged but I will allow 1,400/= and taxed off the rest under para 6 of Schedule 7. 13.Item 23- Attending court for hearing on 9/5/2024. Item is drawn to scale and is taxed at Kshs. 5,000/=. 14.Item 24- Attending for hearing on 9/8/2024. The court did not sit and date was fixed at the registry with counsel being attended on phone. The item which is drawn at Kshs. 5,000/= is taxed off. 15.Item 25- Attending court for hearing on 9/12/2024. Although Kshs. 5,000/= was charged, per para 8 of schedule 7, the amount due is Kshs. 2,100/=. The same is awarded on this item and the rest is taxed off. 16.Item 26- Attending court for hearing on 27/2/2025. There are no minutes of court having conducted any session on the said date. This item is taxed off. 17.Item 27- Attending court on hearing on 14/4/2025. Item is taxed per (25) above. 18.Item 28- Attending court for mention on 23/6/2025. Item taxed off per (26) above. 19.Item 29- Attending court for mention on 3/7/2025. Item taxed at Kshs. 1,400 per (12) above. 20.Item 30- Attending court for judgment on 28/8/2025. Kshs. 2,100 charged but because there are no minutes to validate the same, this item is taxed off. 21.Item 31- Attending court for taxation on 10/9/2025. Kshs. 2,100 charged. The same is allowed as drawn given that counsel attended court for taxation but on a different date of 16/2/2026. TOTALS =110,250+10,000+5000+500+500+5,000+2,100+2,100+1,000+2,100= Kshs. 138,350/= only at which this bill is taxed. DATED AND DELIVERED IN OPEN COURT THIS 25TH DAY OF JUNE 2026In the presence of;Plaintiff/ Applicant- N/A for Ms. RautoDefendant/ Respondent- N/A for Ms. ApondiR.B. N MALOBA (MS) SPM

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