[2023] KECPT 1049 (KLR)

[2023] KECPT 1049 (KLR)

The Tribunal applied the Advocate Remuneration Order 2014, Schedule II, to determine the appropriate instruction fees based on the claim amount of Kshs. 675,544, taxing it at Kshs. 100,000. Attendances were allowed only to the extent supported by the record, with 11 attendances at Kshs. 2,100 each, 9 at Kshs. 500...

Source-derived case information.

Citation
[2023] KECPT 1049 (KLR)
Parties
Applicant: Peter Mwangi Wanjiru; Respondent: Biashara Sacco Society Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case 567 of 2016
Procedural Posture
Bill of Costs / Ruling on Taxation of Bill of Costs
Outcome
Bill of Costs taxed at Kshs. 206,000.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Costs Taxation, Advocate Remuneration, Bill of Costs, Disbursements, Instruction Fees
Source Language
en
Civil Procedure Costs Taxation Advocate Remuneration Bill of Costs Disbursements Instruction Fees

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Parties

Peter Mwangi Wanjiru

Applicant

Biashara Sacco Society Limited

Respondent

Procedural Posture

Bill of Costs / Ruling on Taxation of Bill of Costs

Legal Issues

  1. 1 Whether the Bill of Costs presented by the applicant should be taxed as presented or varied in accordance with the Advocate Remuneration Order 2014.
  2. 2 Whether the respondent's objections to specific items in the Bill of Costs are valid.

Ratio Decidendi

The Tribunal applied the Advocate Remuneration Order 2014, Schedule II, to determine the appropriate instruction fees based on the claim amount of Kshs. 675,544, taxing it at Kshs. 100,000. Attendances were allowed only to the extent supported by the record, with 11 attendances at Kshs. 2,100 each, 9 at Kshs. 500 each, and 1 at Kshs. 4,000, totaling Kshs. 31,600. Disbursements were allowed as they were not disputed, at Kshs. 74,100. Unsupported items were taxed at nil, and the decree and certificate of costs were taxed at Kshs. 300. The total Bill of Costs was therefore taxed at Kshs. 206,000. The Tribunal's decision was based on the need for costs to be reasonable, supported, and in...

Court Disposition

Bill of Costs taxed at Kshs. 206,000.

Orders

  • Instruction fees taxed at Kshs. 100,000.
  • Attendances allowed at Kshs. 31,600 as per markings on the Bill of Cost.