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Molonket v East Africa Portland Cement (Cause 198 of 2019) [2024] KEELRC 2573 (KLR) (24 October 2024) (Ruling)

[2024] KEELRC 2573 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2573
Citation
[2024] KEELRC 2573 (KLR)
Decided
24 October 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCosts DisputePostureAppeal from a decision to tax costsCoramRadido Stephen, MCIArb
Holding

The Court finds that the Taxing Officer fell into an error of principle and orders a re-taxing of the instructions fees and getting up fees by a different Taxing Officer.

Facts

The Claimant, Lucy Rimanto Molonket, filed a Reference against the Respondent, East Africa Portland Cement, regarding the taxation of her Bill of Costs. The Claimant was dissatisfied with the taxation of instructions fees and getting up fees.

Issues

  1. Taxation of instructions fees and getting up fees
  2. Error in the calculation of getting up fees

Reasoning

The Court notes that the Taxing Officer arrived at the sum of Kshs 403,315/- without any explanation, and then calculated 1/3 of this amount as the getting up fees, which is incorrect.

Outcome

The Reference is allowed with an order for a re-taxing of the instructions fees and getting up fees by a different Taxing Officer.

Orders

  • Order for a re-taxing of the instructions fees and getting up fees by a different Taxing Officer

Remedies

  • Re-taxing of the instructions fees and getting up fees
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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