[2023] KECPT 1060 (KLR)
The Tribunal found that only those items specifically provided for under Schedule II of the Advocate Remuneration Order 2014 could be allowed in the taxation of the Bill of Costs. Items 2, 3, and 6 were not provided for under the schedule and were therefore taxed at nil. Court fees (item 1), service (item 4), and...
Source-derived case information.
- Citation
- [2023] KECPT 1060 (KLR)
- Parties
- Applicant: Theophilus Ololkulale Sairo; Respondent: Transcom Sacco Society Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 446 of 2017
- Procedural Posture
- Bill of Costs Application / Ruling on Taxation of Bill of Costs
- Outcome
- Bill of Costs taxed and allowed in part.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
- Legal Topics
- Taxation of Costs, Advocate Remuneration Order, Bill of Costs, Court Fees
- 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
Theophilus Ololkulale Sairo
Applicant
Transcom Sacco Society Limited
Respondent
Procedural Posture
Bill of Costs Application / Ruling on Taxation of Bill of Costs
Legal Issues
- 1 Whether the items claimed in the Bill of Costs are allowable under Schedule II of the Advocate Remuneration Order 2014.
- 2 What is the proper amount to be taxed for each item in the Bill of Costs.
Ratio Decidendi
The Tribunal found that only those items specifically provided for under Schedule II of the Advocate Remuneration Order 2014 could be allowed in the taxation of the Bill of Costs. Items 2, 3, and 6 were not provided for under the schedule and were therefore taxed at nil. Court fees (item 1), service (item 4), and another allowable item (item 5) were taxed at the amounts claimed or as allowed by the schedule. The total Bill of Costs was therefore taxed at Kshs. 411,600, reflecting only the items permitted by law.
Court Disposition
Bill of Costs taxed and allowed in part.
Orders
- The Bill of Costs is taxed at Kshs. 411,600.
- Items 2, 3, and 6 are taxed at nil as they are not provided for under Schedule II of the Advocate Remuneration Order 2014.
Full Case Text
Judgment text and source record
16 paragraphs
Sairo v Transcom Sacco Society Limited (Tribunal Case 446 of 2017) [2023] KECPT 1060 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KECPT 1060 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 446 of 2017
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & PO Aol, Members
November 30, 2023
Between
Theophilus Ololkulale Sairo
Claimant
and
Transcom Sacco Society Limited
Respondent
Ruling
1. The matter for determination is Bill of Cost dated September 2022. The same is opposed vide the Response of the Respondent dated 8. 2.2023. We therefore tax the Bill of Cost under Schedule II Advocate Remuneration Order 2014. 1.Item 1- court fees taxed at Kshs. 4920/=.2. Item 2,3,and 6 are not provided under Schedule II therefore they are taxed at NIL.3. Item 4 on service is allowed at Kshs. 1400/= and Item 5 at Kshs. 35,280/=.We therefore tax the Bill of Cost at Kshs. 411,600/=.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF NOVEMBER, 2023. Hon. Beatrice Kimemia Chairperson Signed 30. 11. 2023Hon. J. Mwatsama Deputy Chairperson Signed 30. 11. 2023Hon. Beatrice Sawe Member Signed 30. 11. 2023Hon. Fridah Lotuiya Member Signed 30. 11. 2023Hon. Philip Gichuki Member Signed 30. 11. 2023Hon. Paul Aol Member Signed 30. 11. 2023Tribunal Clerk JonahMkamani advocate holding brief for Gitonga Muriuki for RespondentNaipanoi Mungai advocate - No appearanceRuling as read out.