Leonard Kikpngeno Korir v Irene Jerop Cheboi & 2 others [2013] KEMC 9 (KLR)
The bottom line
#A Kenyan court cut costs in a withdrawn election petition, confirming petitioners who act in good faith and withdraw promptly pay only modest, scale-based costs.
What this practically means
#Executive summary
#Key legal issues
#Apportionment of costs following consentual withdrawal of an election petition
Costs apportioned modestly against the Petitioner in light of his good faith and the Respondents' own responsibility for the litigation
The court held the Petitioner could not be faulted for filing the petition since he could not be sure who would be gazetted, and withdrew promptly after being gazetted to avoid unnecessary costs. The 2nd and 3rd Respondents admitted a tallying error, and the 1st Respondent's conflicting Response showed the burden at trial would have weighed on her. The issues were simple and admitted, so no complexity justified costs beyond the scale.
Whether complexity justified enhanced costs under Schedule VII of the Advocates (Remuneration) Order, 2009
No complexity existed; only a single admitted tallying error at one voting centre was in issue
The court applied note 2 of Schedule VII, allowing enhancement only on special grounds. It found the sole issue was whether there was an error in tallying votes at one voting centre, which was admitted, and the co-Respondents' short Response proved the absence of complexity. Court appearances lasted only about fifteen minutes at mentions.
Legal principles established
#- Party and party costs should only exceed the scale on a special ground arising from the nature, importance, difficulty or urgency of the case
- Complexity of a case can justify an increase in costs above the scale
Court orders
#- 1.The Petitioner to pay the 1st Respondent costs of twelve thousand shillings (KShs 12,000)
- 2.The Petitioner to pay the 2nd and 3rd Respondents jointly a sum of eighteen thousand shillings (KShs 18,000)
- Jurisdiction invoked
- Election petition jurisdiction over the Mauche Ward County Representative election; costs discretion under Schedule VII of the Advocates (Remuneration) Order, 2009
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Leonard Kikpngeno Korir v Irene Jerop Cheboi & 2 others [2013] KEMC 9 (KLR)", Case Analysis (2013). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2013/9/eng@2013-08-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.