https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13075
The court assessed each Bill of Costs at Kshs. 60,800, but reduced the recoverable amount to reflect the 90%:10% apportionment of liability in favour of the Plaintiffs, applying Note 3 under Schedule 7 of the Advocates (Remuneration) Order and arriving at Kshs. 54,720 for each suit.
Source-derived case information.
- Citation
- [2026] KEHC 13075 (KLR)
- Parties
- Plaintiffs: EMMANUEL WANJALA WAFULA AND ANOTHER; Defendants: JOEL KIBET & ANOTHER
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E117 of 2025
- Procedural Posture
- Civil Suit; Taxation/assessment of Party and Party Bills of Costs / Ruling on Plaintiffs’ Party and Party Bills of Costs Dated 30 January 2026
- Outcome
- Plaintiffs’ Bills of Costs allowed in part and assessed down after apportionment.
- Judges
- ["TO Omono"]
- Legal Topics
- Party and Party Costs, Taxation of Costs, Assessment of Advocate Client Remuneration, Apportionment of Costs After Partial Success, Service Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EMMANUEL WANJALA WAFULA AND ANOTHER
Plaintiffs
JOEL KIBET & ANOTHER
Defendants
Procedural Posture
Civil Suit; Taxation/assessment of Party and Party Bills of Costs / Ruling on Plaintiffs’ Party and Party Bills of Costs Dated 30 January 2026
Legal Issues
- 1 What amount was payable under the Plaintiffs’ Party and Party Bills of Costs.
- 2 Whether the items claimed were proved and/or drawn to scale.
- 3 How the apportionment of liability affected the recoverable costs.
Ratio Decidendi
The court assessed each Bill of Costs at Kshs. 60,800, but reduced the recoverable amount to reflect the 90%:10% apportionment of liability in favour of the Plaintiffs, applying Note 3 under Schedule 7 of the Advocates (Remuneration) Order and arriving at Kshs. 54,720 for each suit.
Court Disposition
Plaintiffs’ Bills of Costs allowed in part and assessed down after apportionment.
Orders
- Item 3 assessed at Kshs. 1,400 each.
- Items 4 and 11 disallowed for want of proof.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **CIVIL SUIT NO. E117 AND E118 OF 2025** **EMMANUEL WANJALA WAFULA AND ANOTHER……………………………………………….PLAINTIFFS** **VERSUS** **JOEL KIBET & ANOTHER………………………………………….DEFENDANTS** **RULING** 1. This ruling determines the Plaintiffs’ Party and Party Bills of Costs dated 30th January 2026 in Bungoma CMCC Nos. E117 and E118 all of 2025 (“the suits”). 2. The said Bill of Costs has been assessed as set out below. 3. Items 1,2,5-8 and 10 were assessed as drawn since the said items were drawn to scale. 4. Items 4 and 11 were assessed off for want of proof. **Service** 1. Item 3 was assessed at Kshs. 1,400/= each per schedule 7(10)(i) of the Advocates (Remuneration) Order (ARO), given that the Plaintiffs did not specify the specific place service was conducted. **Court Fees** 1. Item 9 was assessed at Kshs. 500/= per the court fees receipt on record. **DETERMINATION** 1. The upshot of the foregoing is that the Plaintiffs’ Party and Party Bills of Costs dated 30th January 2026 were assessed at Kshs. 60,800/= each. 2. However, it is noteworthy that liability in this matter was apportioned in the ratio of 90%:10% in favour of the Plaintiff. 3. Note 3 under Schedule 7 of the ARO provides thus: *Where success in a suit is divided, the scale may be distributed having regard to partial success on either side.* 1. Given the above authority, the costs due to the Plaintiffs in the suits is Kshs. 54,720/= 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. Oriko for the Plaintiff C/A: Rioba