[2019] KEHC 3502 (KLR)
The court found that the Deputy Registrar erred by not basing the instruction fees on the value of the subject matter, which was Kshs. 185 million as reflected in the pleadings. Applying Schedule 6 of the Advocates Remuneration Order, the court determined that the proper instruction fees should be Kshs. 2,880,000, a...
Source-derived case information.
- Citation
- [2019] KEHC 3502 (KLR)
- Parties
- Applicant: Sifuna & Sifuna Advocates; Respondent: The County Government of Trans Nzoia
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 1 of 2019
- Procedural Posture
- Miscellaneous Application / Reference Against Taxation of Costs
- Outcome
- Reference allowed; taxed costs adjusted upward.
- Judges
- HK Chemitei
- Legal Topics
- Taxation of Costs, Advocates Remuneration Order, Instruction Fees, Party and Party Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sifuna & Sifuna Advocates
Applicant
The County Government of Trans Nzoia
Respondent
Procedural Posture
Miscellaneous Application / Reference Against Taxation of Costs
Legal Issues
- 1 Whether the Deputy Registrar erred in taxing the applicant's bill of costs without considering the value of the subject matter as required by the Advocates Remuneration Order.
- 2 Whether the instruction fees awarded were in accordance with the applicable legal scale.
Ratio Decidendi
The court found that the Deputy Registrar erred by not basing the instruction fees on the value of the subject matter, which was Kshs. 185 million as reflected in the pleadings. Applying Schedule 6 of the Advocates Remuneration Order, the court determined that the proper instruction fees should be Kshs. 2,880,000, a figure admitted by the respondent's counsel. The court exercised its discretion to directly adjust the taxed bill, adding the difference of Kshs. 1,880,000 to the previously taxed sum, resulting in a total of Kshs. 4,294,010. The court declined to address peripheral issues raised by the applicant, focusing solely on the core issue of instruction fees and the correct...
Court Disposition
Reference allowed; taxed costs adjusted upward.
Orders
- The respondent shall pay the applicant a total sum of Kshs. 4,294,010 in full settlement of the taxed costs.
- The applicant shall have the costs of this application.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISC. CIVIL. APPLICATION NO. 1 OF 2019
SIFUNA & SIFUNA ADVOCATES ..................................................APPLICANT
VERSES
THE COUNTY GOVERNMENT OF TRANS NZOIA...............RESPONDENT
RULING
1. This is a reference by the Applicant against the decision of the Deputy Registrar's taxation in Constitutional Petition No. 4 of 2015 in regard to the party and party costs. By her ruling dated 14th March 2019, the said Judicial Officer taxed the Applicant’s bill at kshs. 2,414,010.
2. The Applicant being dissatisfied with the said decision has filed in which this reference has impugned the same basically on the grounds that she did not consider the salient legal principles especially the value of the subject matter. What I understand to be the complaint is on the instruction fees which was not in line with the provisions of the scale provided in the remuneration order.
3. The parties were directed to file written submissions which they have done so and to save on time there is no need to reproduce the same.
4. I have read the ruling by the learned Deputy Registrar in detail as well as the attached decision of this court which yours truly decided. The value of the subject matter is Kshs.185 million a fact known to the parties and is well contained in the pleadings.
5. Having stated so it’s true as submitted by the Applicant that that should form the basis of the instruction fees in line with Schedule 6 of the Advocates Remuneration Order rule 1(5) thereof. Considering the same therefore the proper fees payable should be kshs. 2,880,000 as rightly admitted by the respondents counsel before the Registrar.
6. I do not think that it’s necessary to subject the bill to another officer for taxation as the law permit this court to undertake the same exercise if it considers expedient which in the circumstances I shall proceed to do. The rest of the items essentially have not been contested and it will not be necessary to delve into them.
7. In the premises, the sum total of the bill as taxed shall be added the sum of Kshs. 1,880,000 and thus make a total of Kshs.4, 294,010. This actually is the difference left off by the Registrar.
8. The other issues raised by the applicant in his affidavits as well as submissions are periphery in nature and this court shall not indulge over the same.
9. The Respondent should thus pay a total sum of Kshs. 4,294,010 in full settlement. The Applicant shall have the cost of this application.
Dated, signed and delivered at kitale in open court this 26th June, 2019.
_______________
H.K CHEMITEI
JUDGE
26/6/19
In the presence of:-
Macheru holding brief for Sifuna for the Applicant.
Karani for Respondent
Court Assistant – Kirong
Ruling read in open court.