https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/656
The court taxed the Plaintiff’s Party and Party Bill of Costs by allowing items drawn to scale, disallowing unproved attestation expenses, fixing service costs at Kshs. 3,000/= under schedule 7(10)(i) of the Advocates (Remuneration) Order due to the Bukembe service distance, and adding VAT to reach a final taxed...
Source-derived case information.
- Citation
- [2026] KEMC 656 (KLR)
- Parties
- Plaintiff: ZEPHANIA AMENYA; Defendant: CHARLES KITUYI ROMBOSIA
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E314 of 2025
- Procedural Posture
- Civil Suit; Taxation of Party and Party Bill of Costs / Ruling on Assessment of the Plaintiff’s Party and Party Bill of Costs Dated 23rd September 2025
- Outcome
- Bill of costs assessed in favour of the Plaintiff at Kshs. 19,720/=.
- Judges
- ["TO Omono"]
- Legal Topics
- Taxation of Party and Party Costs, Assessment of Disbursements, Service Fees, Value Added Tax on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ZEPHANIA AMENYA
Plaintiff
CHARLES KITUYI ROMBOSIA
Defendant
Procedural Posture
Civil Suit; Taxation of Party and Party Bill of Costs / Ruling on Assessment of the Plaintiff’s Party and Party Bill of Costs Dated 23rd September 2025
Legal Issues
- 1 What amount should be allowed on the Plaintiff’s Party and Party Bill of Costs dated 23rd September 2025
- 2 Whether items 2 and 5 were proved
- 3 What fee was reasonable for service in Bukembe
Ratio Decidendi
The court taxed the Plaintiff’s Party and Party Bill of Costs by allowing items drawn to scale, disallowing unproved attestation expenses, fixing service costs at Kshs. 3,000/= under schedule 7(10)(i) of the Advocates (Remuneration) Order due to the Bukembe service distance, and adding VAT to reach a final taxed amount of Kshs. 19,720/=.
Court Disposition
Bill of costs assessed in favour of the Plaintiff at Kshs. 19,720/=.
Orders
- Items 3, 6 and 7 allowed as drawn.
- Items 2 and 5 disallowed for want of proof of attestation expenses.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **CIVIL SUIT NO. E314 OF 2025** **ZEPHANIA AMENYA.……………………………………………….……….PLAINTIFF** **VERSUS** **CHARLES KITUYI ROMBOSIA……………………………………………….DEFENDANT** **RULING** 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 23rd September 2025. 2. Items 3, 6 & 7 were assessed as drawn since the same were drawn to scale. 3. Items 2 & 5 were assessed off for want of proof of the claimed expenditure of Kshs. 200/= for attestation. **Service** 1. Service in item 3 was conducted in Bukembe. Considering the distance between Bungoma and Bukembe, item 3 was assessed at Kshs. 3,000/= per schedule 7(10)(i) of the Advocates (Remuneration) Order (ARO). **Value Added Tax** 1. The costs due to the Plaintiff before tax were assessed at Kshs. 17,000/=. In the circumstances, VAT was assessed at Kshs. 2,720/=. **DETERMINATION** 1. For the reasons above, the Plaintiff’s Party and Party Bill of Costs dated 23rd September 2025 is assessed at Kshs. 19,720/=. **Read, signed and delivered in open court at Bungoma this 07th day of May 2026** **T.O. OMONO** **SENIOR RESIDENT MAGISTRATE** **In the presence of:** C/A: Rioba