Kenya Case Law

Gikunda & another v Muguna

Gikunda & another v Muguna [2025] KEHC 10399 (KLR)

Court

High Court

Case number

Civil Appeal E091 of 2023

Judge

HM Nyaga

The court held that a consent filed by parties does not become binding unless and until it is formally adopted as an order of the court. In this case, only Clause 1 of the consent had been adopted and was therefore binding; Clauses 2 and 3, being contested and not adopted, were not binding. On the issue of interest, the court found that interest on the general damages and costs should run from the date of the lower court's judgment and certification of costs, respectively, not from the date of the appellate judgment. The sum deposited in court ceased to accrue interest from the date of deposi…

Source excerpt

• Consent Orders
• Interest On Awards
• Appeal Judgments
• Costs Assessment

Makhecha and Gitonga Advocates v Standard Group Limited

Makhecha and Gitonga Advocates v Standard Group Limited [2025] KEHC 7848 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E131 of 2023

Judge

NW Sifuna

The High Court entered judgment for advocates on a valid, unchallenged certificate of taxation and awarded them Ksh 825,578 plus Ksh 10,000 costs.

• Advocate Client Costs
• Certificate Of Taxation
• Judgment Entry
• Costs Assessment
• Advocate-client-costs
• Certificate-of-taxation

Somotex (K) Limited v Powerstar Superstar Hyper Limited

Somotex (K) Limited v Powerstar Superstar Hyper Limited [2025] KEHC 8497 (KLR)

Court

High Court

Case number

Civil Appeal E231 of 2024

Judge

F Gikonyo

High Court appeal from the Small Claims Court on costs assessment. The court held no error of principle was shown and dismissed the appeal.

• Costs Assessment
• Appeals On Points Of Law
• Advocates Remuneration Order
• Small Claims Court Procedure
• Small-claims-court
• Costs-assessment

Musa v Matheka

Musa v Matheka [2025] KEMC 73 (KLR)

Court

Magistrate's Court

Case number

Civil Case E014 of 2022

Judge

YA Shikanda

The court assessed costs after dismissal of a defended civil suit, applying the higher scale and awarding the defendant a net balance of Ksh. 95,900.

• Costs Assessment
• Party And Party Costs
• Advocates Remuneration Order
• Court Fees
• Decree And Certificate Of Costs
• Assessment-of-costs

Mbaya v Comoco Savings and Credit Cooperative Society Limited

Mbaya v Comoco Savings and Credit Cooperative Society Limited [2025] KECPT 237 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case E780 (707) of 2022

Judges

BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

Legal requirement for a change of advocates after judgment, as stipulated in Order 9 Rule 9 of the Civil Procedure Rules, is mandatory and not a mere technicality that can be overlooked by the Tribunal's discretion.

Source excerpt

• Change Of Advocates Post Judgment
• Costs Assessment
• Stay Of Execution
• Default Judgment
• Procedural Technicalities

Mbai Waweru Advocates v Kenyan Alliance Company Ltd

Mbai Waweru Advocates v Kenyan Alliance Company Ltd [2025] KEHC 2530 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E1095 of 2023

Judge

NW Sifuna

The High Court entered judgment for an advocate on a certificate of taxation, finding no evidence that the taxed costs had been set aside.

• Advocate Client Costs
• Certificate Of Taxation
• Entry Of Judgment
• Costs Assessment
• Advocate-client-costs
• Certificate-of-taxation

Munialo v Comity & another

Munialo v Comity & another [2025] KEHC 938 (KLR)

Court

High Court

Case number

Miscellaneous Reference Application 12 of 2024

Judge

SC Chirchir

The High Court at Kakamega struck out a reference challenging an election-petition costs assessment, holding the proper remedy was an appeal, not a reference.

• Costs Assessment
• Election Petition Costs
• Jurisdiction Of High Court
• Procedural Defects
• Election-petition-costs
• Costs-assessment

Ogutu (Suing as as leg rep Estate of Jackson Ogutu Osende) v Okumu & another

Ogutu (Suing as as leg rep Estate of Jackson Ogutu Osende) v Okumu & another [2024] KEHC 14949 (KLR)

Court

High Court

Case number

Civil Appeal E023 of 2022

Judge

WM Musyoka

High Court dismissed a civil appeal over alleged wrongful attachment of cattle, holding the appellant had a fair hearing and the trial court rightly upheld release objections.

• Execution Of Decrees
• Wrongful Attachment
• Fair Hearing
• Costs Assessment
• Execution-of-decrees
• Wrongful-attachment

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & another

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & another [2024] KEELRC 13205 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 37 of 2013

Judge

MA Onyango

The court assessed costs after the parties failed to agree, and awarded the Claimant Kshs. 600,000, payable by the Respondent within 60 days.

• Costs Assessment
• Successful Party Costs
• Employment Transfer
• Concession Agreement
• Settlement Negotiations
• Costs-assessment

Ireri v New Kenya Cooperative Cremeries Ltd

Ireri v New Kenya Cooperative Cremeries Ltd [2024] KEELRC 1111 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 113 of 2017

Judge

MA Onyango

The court allowed attachment of the decree in this cause to set off assessed costs owed by the claimant to the respondent in a prior subordinate court case.

• Cross Decrees Execution
• Attachment Of Decree
• Costs Assessment
• Judgment Enforcement
• Cross-decrees-execution
• Attachment-of-decree