Plaintiffs v Defendants (Party and Party Bills of Costs, Bungoma CMCC Nos. E117 and E118 of 2025)
The bottom line
#The final legal costs you are awarded can be reduced if the court finds you only achieved partial success in the main lawsuit.
What this practically means
#Executive summary
#Key legal issues
#Adjustment of assessed costs for apportioned liability
Costs assessed at Kshs. 60,800/= each were reduced to Kshs. 54,720/= each, reflecting the Plaintiff's 90% success
The court noted that liability had been apportioned 90%:10% in favour of the Plaintiff. Applying Note 3 under Schedule 7 of the Advocates (Remuneration) Order, which permits distribution of the scale where success is divided, the court scaled the assessed costs down to reflect the partial success, computing 90% of the assessed figure.
Assessment of service fee where place of service unspecified
Item 3 assessed at Kshs. 1,400/= each under Schedule 7(10)(i) of the ARO
The Plaintiffs did not specify the specific place where service was conducted. The court therefore applied the fixed rate in Schedule 7(10)(i) of the Advocates (Remuneration) Order rather than a higher rate that might apply for specified distances or locations.
Items assessed off for want of proof
Items 4 and 11 were assessed off
The taxing officer disallowed items 4 and 11 of the Bills of Costs because there was no proof supporting those charges, applying the principle that unproven items on a bill of costs are struck off in taxation.
Legal principles established
#- Where success in a suit is divided, scale costs may be distributed having regard to partial success on either side (Note 3, Schedule 7 ARO)
Court orders
#- 1.Items 1, 2, 5-8 and 10 assessed as drawn to scale
- 2.Items 4 and 11 assessed off for want of proof
- 3.Item 3 (service) assessed at Kshs. 1,400/= each per Schedule 7(10)(i) of the ARO
- 4.Item 9 (court fees) assessed at Kshs. 500/= per the court fees receipt
- 5.Bills of Costs assessed at Kshs. 60,800/= each, reduced to Kshs. 54,720/= each after apportionment for 90%:10% liability
- Jurisdiction invoked
- Advocates (Remuneration) Order, Schedule 7 - taxation of Party and Party Bills of Costs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Plaintiffs v Defendants (Party and Party Bills of Costs, Bungoma CMCC Nos. E117 and E118 of 2025)", Case Analysis (2026). Bungoma CMCC Nos. E117 and E118 of 2025. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.