Kenya Union of Entertainment and Music Industry Employees v Vanguard Limited [2015] KEELRC 750 (KLR)
The bottom line
#Kenya's Employment Court slashed an advocate's taxed costs from Kshs 89,285 to Kshs 31,815, ruling that motion applications without a full trial earn far less than fresh suits.
What this practically means
#Executive summary
#Key legal issues
#Correct schedule item for costs of a post-judgment Notice of Motion by a non-original party
The taxing master erred in applying paragraph 1(b) as if it were a fresh suit; costs reduced to Kshs 10,000
The Notice of Motion was filed after the suit had been heard and determined, by grievants who were not parties to the original suit. The motion was necessitated by the Claimant's conduct in converting the grievants' money, not by the Applicant. Because the application was dealt with by written submissions and did not institute a fresh suit, paragraph 1(b) was inapposite and the Kshs 49,000 award was excessive.
Entitlement to getting up fees where there was no full trial
Getting up fees of Kshs 16,000 disallowed but replaced with Kshs 8,000 for preparation on affidavit evidence and written submissions
Getting up fees attach to a matter proceeding to full trial involving preparation of witnesses, statements, lists of documents and submissions. Here there was no trial; two applications were disposed of on affidavit evidence. Nonetheless, conduct of a suit by affidavit evidence and written submissions, though lighter work, still entails some preparation and getting up justifying a reduced award.
Costs for an application neither served nor heard (Item 6)
No amount allowable beyond Kshs 735 in the revised computation
The application dated 29 May 2013 was never served on the Applicant and was never heard; the court found no amount allowable under this head of the bill of costs.
Legal principles established
#- A notice of motion application disposed of by written submissions cannot be equated to a fresh suit for purposes of costs under Schedule VI paragraph 1(b)
- Getting up fees are payable only where a matter proceeds to full trial, though lighter preparation in affidavit-based litigation still merits some remuneration
Court orders
#- 1.Item 2 reduced from Kshs 49,000 to Kshs 10,000
- 2.Item 3 getting up fees reduced from Kshs 16,000 to Kshs 8,000
- 3.Item 6 reduced to Kshs 735
- 4.Items 9, 11 and 19 to 23 as taxed left undisturbed
- 5.Aggregate amount revised to Kshs 31,815
- Jurisdiction invoked
- Reference against a Ruling on taxation of a Bill of Costs in Employment and Labour Relations Court Cause No 842 (N) of 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Entertainment and Music Industry Employees v Vanguard Limited [2015] KEELRC 750 (KLR)", Case Analysis (2015). Cause No 842 (N) of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/750/eng@2015-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.