Buyu v Independent Electoral and Boundaries Commission & 2 others (Civil Appeal (Application) 40 of 2013) [2024] KECA 693 (KLR) (21 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 693
- Citation
- [2024] KECA 693 (KLR)
- Decided
- 21 June 2024
The references are partly successful, and the matter is remanded back to the Taxing Master for reconsideration on instruction fees, cross-appeal costs, VAT, disbursements, and interest on costs.
Facts
The Independent Electoral and Boundaries Commission declared the 3rd respondent the duly elected member of the National Assembly for Kisumu West Constituency. The appellant challenged the declaration in the High Court and on a second appeal to the Court of Appeal, which dismissed the appeal with costs.
Issues
- instruction fees awarded by the Taxing Master
- cross-reference of costs
- disbursements over which respondents did not produce receipts
Reasoning
The Court found the appellant's complaint about the instruction fees to be valid, but the respondents' argument about disbursements over which they did not produce receipts was also correct. The Court ruled that the respondents are entitled to interest on the taxed costs.
Outcome
Each party partially succeeded, and each shall bear their own costs.
Orders
- Remand the matter back to the Taxing Master for reconsideration on instruction fees, cross-appeal costs, VAT, disbursements, and interest on costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Evidence Act
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