David Kahuru Mburu v SBI International Holding AG Kenya [2019] KEELRC 2003 (KLR)

Summary at a glance

Facts

The claimant, David Kahuru Mburu, sought an order that the decision of the taxing officer be set aside and that the Bill of Costs be remitted back for taxation before a different taxing officer. The claimant argued that the taxing officer erred in law and in principle by failing to appreciate that costs follow the event. The Deputy Registrar refused to proceed with the taxation of the bill of costs due to the Advocates Remuneration Order not applying to a party acting in person.

Issues

• Whether the decision of the taxing officer should be set aside
• Whether the Bill of Costs should be remitted back for taxation before a different taxing officer

Reasoning

The Court considered the application side by side with the ruling of the Honourable Deputy Registrar and found that the Deputy Registrar was right in refusing to proceed with the taxation of the Bill of Costs since the Advocates Remuneration Order is not applicable to a party acting in person.

Outcome

The application is dismissed.