SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Mwangi & 20 others v Barclays Bank of Kenya Limited & another (Petition 25 of 2016) [2022] KEELRC 13099 (KLR) (3 November 2022) (Ruling)

[2022] KEELRC 13099 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
13099
Citation
[2022] KEELRC 13099 (KLR)
Decided
3 November 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypePetition for Taxation of CostsPosturePetitioner seeks to set aside the Deputy Registrar's ruling on the taxation of the Party to Party Bill of Costs and remit the matter to a different Deputy Registrar for re-taxation.CoramMA ONYANGO
The decision of the Taxing Master is set aside, and the Bill of Costs is remitted to a different Deputy Registrar for re-taxation.

Facts

The Petitioner sought both prerogative orders and compensatory damages for alleged unlawful and unfair redundancies, but the Taxing Master only considered the prerogative orders.

Issues

  • Whether the Taxing Master erred in assessing the costs
  • Whether the Taxing Master considered the complexity and voluminous nature of the case

Reasoning

The Taxing Master misdirected herself by considering only the prerogative orders and not the compensatory damages, and failed to consider the complexity and voluminous nature of the case.

Outcome

The Petitioner's application is granted.

Orders

  • The Deputy Registrar's ruling on the taxation of the Party to Party Bill of Costs is set aside.
  • The Bill of Costs is remitted to a different Deputy Registrar for re-taxation.

Remedies

  • The Petitioner is awarded the costs of the application.

Authorities cited

Cases cited (3)
  • Premchand Raichand Ltd v Quarry Services of East Africa Ltd (1972) EA 162
  • Joreth Limited v Kigano and Associates (2002) EA 92
  • Truth Justice & Reconciliation Commission v Chief Justice of the Republic of Kenya & Another (2014) eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case