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MagistrateOtherKitale CMC Civil Suit No. E434 of 2022· [2025] KEMC 422 (KLR)

Tumbo v Board of Management St Jude Mwanda Secondary School (Civil Suit E012 of 2025) [2025] KEMC 422 (KLR)

Chief Magistrate's Court (Magistrates' Court), Bungoma/Kitale
4 December 2025
648 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kitale court ruled you cannot enforce a money decree against a government body in a magistrate's court — you must go to the High Court through judicial review.

What this practically means

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Executive summary

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This ruling by Senior Resident Magistrate T.O. Omono determines the 1st Defendant's Party and Party Bill of Costs dated 04th March 2025. On 13th November 2025, Mr. Anwar, counsel for the Plaintiff, conceded that the Bill had been drawn to scale and asked the court to assess it as drawn. The court, however, flagged that the Plaintiff intended to enforce a Certificate of Order and Certificate of Costs issued against a government entity, the 2nd Defendant, in Bungoma CMCC No. E216 of 2019. Counsel conceded that the correct procedure for enforcing a Certificate of Order against a government entity is through judicial review proceedings before the High Court for an order of mandamus requiring the entity's accounting officer to satisfy the certificate. The court therefore held that the matter was not properly before it for want of jurisdiction. On costs, Mr. Anwar pointed out that both Defendants were represented by the same advocate, Mr. Wasilwa. Applying Section 62 of the Advocates Remuneration Order, the court noted there was no indication that the Defendants were represented separately or that separate pleadings were drawn, so no distinct costs were incurred. The court struck out the matter for want of jurisdiction, assessed the Defendants' costs at Kshs. 35,850/=, directed that a Certificate of Costs and Decree issue upon payment of requisite court fees, and ordered the file closed.

Key legal issues

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01

Jurisdiction over enforcement of costs against a government entity

Holding

The matter was not properly before the magistrates' court; enforcement of a Certificate of Order against a government entity requires judicial review for mandamus in the High Court.

Reasoning

Counsel for the Plaintiff conceded that enforcement against a government entity proceeds by way of judicial review for mandamus before the High Court, requiring the accounting officer to satisfy the Certificate of Order and Certificate of Costs. The court therefore found the matter not properly before it and struck it out for want of jurisdiction.

p. 2
02

Costs where one advocate represents multiple defendants

Holding

Under Section 62 of the Advocates Remuneration Order, where separate pleadings or proceedings were unnecessary, the taxing officer shall disallow such costs; here the 2nd Defendant gets no separate costs.

Reasoning

Section 62 of the Advocates Remuneration Order guides assessment where one advocate acts for two or more plaintiffs or defendants. Mr. Wasilwa represented all Defendants without separate pleadings and there is no indication of separate representation. Since the matter was to be struck out for want of jurisdiction, the 2nd Defendant could not be entitled to costs separate from the 1st Defendant's.

p. 3

Legal principles established

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  • Enforcement of a Certificate of Order and Certificate of Costs against a government entity must be by judicial review proceedings for an order of mandamus before the High Court
  • Where the same advocate acts for two or more defendants without separate pleadings or separate proceedings, no distinct costs are incurred and separate costs shall be disallowed

Court orders

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  1. 1.This matter is struck out for want of jurisdiction
  2. 2.The costs due to the Defendants are assessed at Kshs. 35,850/=
  3. 3.Certificate of Costs and Decree to issue upon payment of requisite court fees
  4. 4.File closed

Authorities

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Legislation

  • Advocates Remuneration OrderSection 62
Jurisdiction invoked
Magistrates' Court civil jurisdiction; Struck out for want of jurisdiction to enforce Certificate of Order against a government entity - enforcement lies in the High Court by judicial review for mandamus

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Tumbo v Board of Management St Jude Mwanda Secondary School (Civil Suit E012 of 2025) [2025] KEMC 422 (KLR)", Case Analysis (2025). Kitale CMC Civil Suit No. E434 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/422/eng@2025-12-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.