[2023] KECPT 1061 (KLR)

[2023] KECPT 1061 (KLR)

The Tribunal found that only those items in the bill of costs that are expressly provided for under the Advocate Remuneration Order 2014 Schedule II could be allowed. Instruction fees were assessed at Kshs. 100,000, attendance fees at Kshs. 3,500, service of process at Kshs. 7,000, and disbursements at Kshs. 1,940....

Source-derived case information.

Citation
[2023] KECPT 1061 (KLR)
Parties
Applicant: Edwin Maina Waithira; Respondent: Urithi Housing Cooperative Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 448 of 2020
Procedural Posture
Bill of Costs / Ruling on Taxation 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, Bill of Costs Assessment
Source Language
en
Civil Procedure Taxation of Costs Advocate Remuneration Bill of Costs Assessment

Source-derived case record

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Parties

Edwin Maina Waithira

Applicant

Urithi Housing Cooperative Society Limited

Respondent

Procedural Posture

Bill of Costs / Ruling on Taxation of Costs

Legal Issues

  1. 1 Whether the respondent's bill of costs is properly drawn and should be taxed as presented.
  2. 2 What amounts are allowable under the Advocate Remuneration Order 2014 for the items claimed in the bill of costs.

Ratio Decidendi

The Tribunal found that only those items in the bill of costs that are expressly provided for under the Advocate Remuneration Order 2014 Schedule II could be allowed. Instruction fees were assessed at Kshs. 100,000, attendance fees at Kshs. 3,500, service of process at Kshs. 7,000, and disbursements at Kshs. 1,940. All other items not provided for under the schedule were taxed at nil. The total bill of costs was therefore taxed at Kshs. 112,440. The Tribunal applied the relevant provisions of the Advocate Remuneration Order 2014 strictly, disallowing any claims not supported by the schedule.

Court Disposition

bill of costs taxed and allowed in part

Orders

  • The respondent's bill of costs is taxed and allowed at Kshs. 112,440.
  • All other items not provided for under the Advocate Remuneration Order 2014 Schedule II are taxed at nil.