https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/685
The court held that because the suit was undefended and the decretal sum exceeded Kshs. 50,000 but did not exceed Kshs. 100,000, the lower scale under schedule 7(1)(a) of the Advocates (Remuneration) Order applied. It therefore allowed reasonable instruction fees at Kshs. 15,000, assessed service at Kshs. 2,000,...
Source-derived case information.
- Citation
- [2026] KEMC 685 (KLR)
- Parties
- Plaintiff: ZEPHANIA AMENYA T/A REMMA AUCTIONEERS; Defendant: CHARLES KIRUI ROMBOSIA
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E333 of 2025
- Procedural Posture
- Civil Suit; Taxation/assessment of Party and Party Bill of Costs / Ruling on Plaintiff’s Party and Party Bill of Costs
- Outcome
- Bill of costs taxed and allowed in part.
- Judges
- ["TO Omono"]
- Legal Topics
- Party and Party Bill of Costs, Instruction Fees, Taxation of Costs, VAT on Costs, Assessment of Service Fees, Undefended Suit
- 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
ZEPHANIA AMENYA T/A REMMA AUCTIONEERS
Plaintiff
CHARLES KIRUI ROMBOSIA
Defendant
Procedural Posture
Civil Suit; Taxation/assessment of Party and Party Bill of Costs / Ruling on Plaintiff’s Party and Party Bill of Costs
Legal Issues
- 1 What is the proper instruction fee payable on a party and party bill of costs in an undefended suit where the subject matter and decretal sum fall within the lower scale.
- 2 What amounts are allowable for service and VAT.
- 3 Which items in the bill should be allowed, scaled, or taxed off.
Ratio Decidendi
The court held that because the suit was undefended and the decretal sum exceeded Kshs. 50,000 but did not exceed Kshs. 100,000, the lower scale under schedule 7(1)(a) of the Advocates (Remuneration) Order applied. It therefore allowed reasonable instruction fees at Kshs. 15,000, assessed service at Kshs. 2,000, taxed off the unproved item, and applied VAT at 16%, resulting in a total taxed bill of Kshs. 24,360.
Court Disposition
Bill of costs taxed and allowed in part.
Orders
- Items 3, 6, and 7 allowed as drawn.
- Item 5 taxed off 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. E333 OF 2025** **ZEPHANIA AMENYA T/A REMMA AUCTIONEERS……………………………………………….PLAINTIFF** **VERSUS** **CHARLES KIRUI ROMBOSIA………………………………………….DEFENDANT** **RULING** 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 23rd September 2025. 2. The said Bill of Costs has been assessed as set out below. 3. Items 3, 6, and 7 were assessed as drawn since the said items were drawn to scale. 4. Item 5 was assessed off for want of proof. **Instruction fees** 1. The value of the subject matter is Kshs. 44,433.40/= as claimed in the Plaint herein. However, when you include interest awarded on the said sum due, the decretal sum becomes over Kshs. 50,000/= but not exceeding Kshs. 100,000/=. This suit was undefended. Therefore, the applicable scale is the lower scale. Per schedule 7(1)(a) of the Advocates (Remuneration) Order (ARO), the instruction fees will work out thus: 65% of Kshs. 15,000/=, which equals a minimum instruction fees of Kshs. 9,750/=. Given the nature of the matter and the time taken to conclude the same, this court finds Kshs. 15,000/= to be reasonable instruction fees in item 1. **Service** 1. Given the distance between Bungoma and Kabula, item 4 was assessed at Kshs. 2,000/= per schedule 7(10)(i) of the Advocates (Remuneration) Order (ARO). **Value Added Tax** 1. Item 9, given that the Plaintiff pays VAT on any income earned, was assessed as follows: 16% of Kshs. 21,000/= which equals Kshs. 3,360/=. *.* **DETERMINATION** 1. The upshot of the foregoing is that the Plaintiff’s Party and Party Bill of Costs dated 17th April 2026 is assessed at Kshs. 24,360/=. **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:** Mr. Mulongo h/b for Paul Juma for the Plaintiff C/A: Rioba