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MagistrateOthernull (not stated in judgment)· [2026] KEMC 280 (KLR)

Wambua & 4 others (Suing as the Chairman and officials of Mangelete Community Intergrated Development Orogramme - MCIDP) v Maingi & 3 others (Suing as the former members of Mangelete Community Intergrated Development Orogramme - MCIDP) (Civil Case 116A of 2023) [2026] KEMC 280 (KLR)

Magistrates' Court
23 June 2026
YSY. A. Shikanda
1,075 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Withdrawing a lawsuit cost the plaintiffs Ksh. 121,500 in court-ordered costs, showing withdrawal still carries real financial consequences.

What this practically means

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Executive summary

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This is a first-instance costs ruling by the Senior Principal Magistrate at Makindu following the plaintiffs' withdrawal, by notice, of a 2023 suit against the defendants on 22 September 2025. The parties agreed that costs of the suit be awarded to the defendants, but could not agree on quantum: the defendants filed a draft statement of costs claiming Ksh. 917,030.51/= across five items, and the plaintiffs filed grounds of objection contesting the instruction fees of Ksh. 450,000/=, court filing fees, service costs, attendances, and decree costs, and contending that only minimal costs were due since the suit never proceeded to hearing. The court applied Order 21 rules 9, 9A-9D of the Civil Procedure Rules and the Advocates (Remuneration) Order. Because the plaintiffs' claim was unliquidated (sought an injunction and other orders) and the suit was defended, the higher scale applied; the court held that the Ksh. 50,000/= maximum is for undefended suits and that a defended suit warrants more, but, given the suit's lack of complexity, awarded Ksh. 65,000/= as party and party costs rather than the Ksh. 450,000/= instruction fee claimed. Using the file, receipts and Case Tracking System despite missing documentation, the court awarded court fees of Ksh. 14,000/= (exceeding the claimed Ksh. 8,500/=), service at Ksh. 5,000/= (noting service between counsel is mostly by e-mail), 20 attendances at Ksh. 1,400 each totalling Ksh. 28,000/=, Ksh. 500/= for decree and certificate of costs, and Ksh. 9,000/= for costs awarded on three earlier applications (Ksh. 3,000/= each). Total costs payable to the defendants were assessed at Ksh. 121,500/=. A decree and certificate of costs were ordered to issue. The ruling was dated, signed and delivered in open court at Makindu on 23 June 2026.

Key legal issues

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01

Assessment of party and party costs on withdrawal of a defended, unliquidated claim

Holding

Since the suit was defended, the higher scale applied and the court awarded Ksh. 65,000/= as party and party costs, above the Ksh. 50,000/= ceiling for undefended suits but below the Ksh. 450,000/= claimed

Reasoning

The plaint was for an injunction and other orders with no liquidated sum. Paragraph 1 of the 7th Schedule to the Advocates Remuneration Order applies the lower scale to undefended cases and the higher scale to all others. As a defence was filed, the higher scale applied; the suit was not complex, so the court tempered the award at Ksh. 65,000/=.

p. 3
02

Proof of disbursements (court fees, service, attendances, decree and application costs)

Holding

Court fees awarded at Ksh. 14,000/= per receipts on file; service reduced to Ksh. 5,000/= for want of full proof; 20 attendances at Ksh. 1,400 each awarded as Ksh. 28,000/=; decree and certificate costs Ksh. 500/=; costs on three decided applications at Ksh. 3,000/= each totalled Ksh. 9,000/=

Reasoning

The court perused the physical file and the Case Tracking System where the parties had not attached proof, including payment receipts and an affidavit of service sworn by Isaac Makau Malonza. It adjusted each claimed item to what the record substantiated, noting that service between represented parties is mostly by e-mail between law firms.

p. 3

Legal principles established

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  • Where a suit is defended, the higher scale under the Advocates (Remuneration) Order applies to party and party costs, and in a defended suit the maximum of Ksh. 50,000/= applicable to undefended suits may be exceeded in the court's discretion
  • In awarding costs, the Court shall be guided by the Advocates (Remuneration) Order

Court orders

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  1. 1.Costs payable to the defendants assessed at a total of Ksh. 121,500/= comprising: party and party costs on higher scale Ksh. 65,000/=; court fees on suit Ksh. 14,000/=; service of court process Ksh. 5,000/=; court attendances Ksh. 28,000/=; costs on applications Ksh. 9,000/=; decree and certificate of costs Ksh. 500/=
  2. 2.A Decree and Certificate of Costs to issue to that effect
Jurisdiction invoked
Order 21 rules 9, 9A(1), 9B(2), 9C(3) and 9D(4) of the Civil Procedure Rules; Advocates (Remuneration) Order, 7th Schedule

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, "Wambua & 4 others (Suing as the Chairman and officials of Mangelete Community Intergrated Development Orogramme - MCIDP) v Maingi & 3 others (Suing as the former members of Mangelete Community Intergrated Development Orogramme - MCIDP) (Civil Case 116A of 2023) [2026] KEMC 280 (KLR)", Case Analysis (2026). null (not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/280/eng@2026-06-23

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