Omollo & 2 others v Ayieko Kangethe & Co. Advocates (Environment and Land Appeal E015 of 2025) [2026] KEELC 291 (KLR) (28 January 2026) (Judgment)

Summary at a glance

Facts

The Appellants Oscar Omollo, Beatrice Magu, and Judith Saina are dissatisfied with the Ruling on Taxation and Certificate of Costs issued by Hon. Derrick K. Kuto at Mavoko Magistrate’s Court on 30th January, 2025.

Issues

• The learned Magistrate erred in law by bequeathing himself jurisdiction he does not have.
• The learned Magistrate erred in law by issuing warrants of attachment against a Certificate of Costs

Reasoning

The Court held that no bills of costs are expected to be filed in the Subordinate Courts. The Magistrate erred by issuing warrants of attachment against a Certificate of Costs.

Outcome

Appeal allowed

Orders

• The Ruling, Orders, Certificate of Costs, and all consequential orders are set aside.
• The warrants of attachment issued against the Certificate of Costs are also set aside.

Authorities cited