Christopher O. Kenyariri t/a Kenyariri & Associates Advocates v First Community Bank Limited (Commercial Case E145 of 2021) [2025] KEHC 2149 (KLR) (Commercial and Tax) (13 February 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2149
- Citation
- [2025] KEHC 2149 (KLR)
- Decided
- 13 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTaxation of CostsPostureReference for Taxation of CostsCoramJWW MONG'ARE
Holding
The Deputy Registrar's decision to tax the instruction fees at Kshs.400,000/= is an error of principle and should be corrected to Kshs.330,000/=
Facts
The Plaintiff's suit was dismissed with costs awarded to the Defendant on March 18, 2024. The Defendant filed a Party & Party Bill of Costs, which was taxed at Kshs.713,833.00/= on November 18, 2024. The Plaintiff now seeks to set aside the Ruling and have the Bill of Costs taxed afresh.
Issues
- Whether the Deputy Registrar's decision to tax the Bill of Costs should be set aside
- Whether the instruction fees should be taxed at a lower scale
Reasoning
The Deputy Registrar applied the higher scale for instruction fees, which is not allowed unless a court order states otherwise. The Plaintiff's argument is based on a misunderstanding of the Advocates Remuneration Order.
Outcome
The reference is dismissed and the Bill of Costs is taxed at Kshs.330,000/=
Authorities cited
Legislation (1)
- Advocates Remuneration Order
Cases cited (1)
- Republic v Minister for Agriculture & 2 others Ex-parte Samuel Muchiri W’Njuguna & 6 others
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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