Kathurima v Mburugu (Civil Case E004 of 2022) [2024] KEMC 128 (KLR)
The bottom line
#A Kenyan magistrate's court dismissed a challenge to taxed costs because it was filed too late and through the wrong legal procedure.
What this practically means
#Executive summary
#Key legal issues
#Whether an objection to taxation filed after taxation was completed can be entertained by the court
The objection was incompetent because taxation had already been completed; the proper course for a party aggrieved by a taxation/assessment is a reference
The court's record showed taxation was completed on 14th November 2023, when costs were taxed at Kshs 156,000/-. The objection was filed on 24th November 2023, after that exercise was done. Following the authorities, the correct avenue for a party disputing an assessment is a reference, and the objection was therefore dismissed with costs.
Whether magistrates' courts have jurisdiction to tax costs presented by way of Bill of Costs
Yes - 'taxation of costs' and 'assessment of costs' mean the same thing, and magistrates have jurisdiction to determine costs payable in cases before them
There was no dispute that magistrates have jurisdiction to determine costs payable in cases before them. The Applicant conceded magistrates can assess costs but contended they cannot tax bills. The court, citing Vincent Kibiwott Rono and Bernard Gichobi Njira, held the distinction was a matter of semantics, as the bottom line is determining the total amount of costs payable.
Legal principles established
#- Taxation of costs and assessment of costs mean one and the same thing, and magistrates have jurisdiction to determine costs payable in cases filed before them
- Taxation of costs is a special jurisdiction reserved to the taxing officer by the Advocates Remuneration Order, and the court will only intervene by way of reference under Rule 11
- Where there are no provisions for challenging assessments made by magistrates' courts, the High Court, which has jurisdiction to tax bills of costs, can intervene in the interests of justice
Court orders
#- 1.The Grounds of Opposition dated December 7, 2023 are found to have merit
- 2.The Objection by the Defendant/Applicant dated November 24, 2023 is dismissed with costs
- Jurisdiction invoked
- Advocates Remuneration Order (taxation/assessment of costs by subordinate courts); Article 159(2)(d) of the Constitution referenced
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kathurima v Mburugu (Civil Case E004 of 2022) [2024] KEMC 128 (KLR)", Case Analysis (2024). Civil Case No E004 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2024/128/eng@2024-01-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.