Ouma (Suing as the Representative of the Estate of Jared Okiro Ouma - Deceased) v Aricho (Civil Suit 133 of 2022) [2026] KEMC 162 (KLR)
The bottom line
#A Kenyan Magistrates' Court taxed a lawyer's bill down to Kshs. 138,350, cutting every fee that lacked proof or wasn't allowed under the set fee schedule.
What this practically means
#Executive summary
#Key legal issues
#Assessment of instruction fees under Schedule 7 of the Advocates (Remuneration) Order
Instruction fees taxed as drawn where the applicant used the lower scale but the properly applied figure is close to the sum charged
The award was Kshs. 2,850,000/=. The applicant charged Kshs. 110,250/= apparently using the lower scale in para (c) of Schedule 7, but proper application of that scale yields Kshs. 111,250, a figure close to the amount charged. The court therefore taxed item 1 as drawn rather than substituting its own figure.
Proof of service and attendance items
Service and attendance items must be proved by record, minutes or receipts; unproved items are taxed off
The court found that service outside 3 km requires proof of actual expenses by receipt, failing which it may tax a discretionary reduced sum. Attendance items unsupported by court minutes or returns, or conducted by a registry representative rather than an advocate, are not provided for and are taxed off.
Charges not provided for under Schedule 7
Items not provided for under the schedule, such as drawing a notice of intention to sue and drawing a consent, are taxed off entirely
The court held that a notice of intention to sue is not an application justifying a charge under para 5 of Schedule 7, and is covered under instruction fees. Similarly, drawing a consent and drawing submissions are not provided for and were taxed off.
Legal principles established
#- Where no receipt on actual expense incurred during service outside 3 km of the registry is provided, the court may in its discretion tax service at a reduced sum
- Court attendance items not validated by court minutes or record are taxed off
Court orders
#- 1.The bill of costs dated 5/12/2025 is taxed at Kshs. 138,350/= only
- 2.Item 1 (instruction fees) taxed as drawn
- 3.Item 2 taxed as drawn
- 4.Items 3, 4, 6, 7-10, 12, 15, 17, 20, 11, 13, 18, 16, 21, 24, 26, 28 and 30 taxed off
- 5.Item 5 taxed at Kshs. 5,000/=
- 6.Item 22 taxed at Kshs. 1,400/= with the rest taxed off
- 7.Item 23 taxed at Kshs. 5,000/=
- 8.Item 25 taxed at Kshs. 2,100/=
- 9.Item 27 taxed per item 25
- 10.Item 29 taxed at Kshs. 1,400/=
- 11.Item 31 allowed as drawn
- 12.Court fees on submissions taxed at Kshs. 500/= per receipt in the file
- 13.Item 19 taxed at Kshs. 500 per receipt on record
- Jurisdiction invoked
- Schedule 7 of the Advocates (Remuneration) Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ouma (Suing as the Representative of the Estate of Jared Okiro Ouma - Deceased) v Aricho (Civil Suit 133 of 2022) [2026] KEMC 162 (KLR)", Case Analysis (2026). Civil Suit No 133 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/162/eng@2026-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.