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MagistrateAllowedNot stated in the judgment· [2026] KEMC 535 (KLR)

Gathungu v Iwaki Trading Limited (Civil Case E1512 of 2026) [2026] KEMC 535 (KLR)

Magistrates' Court at Eldoret
21 August 2026
146 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An Eldoret court taxed a winning party's costs at Ksh 116,200 after the losing party ignored the bill, showing silence during taxation can be costly.

What this practically means

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Executive summary

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This short ruling by M.E Aligula at Eldoret deals with the taxation of the plaintiff's party-and-party bill of costs dated 8th July, 2026, following a judgment sum of ksh 950,000/-. The bill was served on the defendant, as proved by an affidavit/return of service sworn on 12th August, 2026 by J.W. Muiruri. The defendant neither filed a response nor attended court, so the court proceeded to assess the bill unopposed. Taking the judgment sum of ksh 950,000/- as the subject value, the court placed it within the ksh 500,000 to 1,000,000 band and fixed instruction fees at kshs 90,000/-. Items a, c, d, e, f, h, i and 3c were each taxed at ksh 1,400/-, while items b, g, j, k, 3a, 3b and 3d were allowed as drawn. The bill was taxed overall at ksh 116,200/-, and the court granted 30 days stay of execution. The ruling was dated, signed and delivered electronically at Eldoret on 21st August 2026. No authorities or statutes are cited, and the ruling contains no separate opinions. Minor data-quality concerns are the apparently futuristic dates and the absence of the taxing officer's rank in the coram.

Key legal issues

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01

Unopposed taxation of a party-and-party bill of costs

Holding

The court proceeded to assess the bill after confirming service, since the defendant neither filed a response nor attended court.

Reasoning

Service of the bill was proved by an affidavit of service sworn on 12th August, 2026 by J.W. Muiruri. With the defendant in default of response and attendance, the court exercised its discretion to tax the bill ex parte on the documents, applying the prescribed instruction fee band for the judgment sum and fixing or allowing the individual items accordingly.

p. 1
02

Fixing of instruction fees by reference to the subject value

Holding

A judgment sum of ksh 950,000/- attracts instruction fees of kshs 90,000/- under the ksh 500,000 to 1,000,000 band.

Reasoning

The court identified the judgment sum of ksh 950,000/- as the subject value, matched it to the relevant fee band (ksh 500,000 to 1,000,000), and fixed instruction fees at kshs 90,000/- before taxing the remaining items in the bill.

p. 1

Legal principles established

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  • A judgment sum of ksh 950,000/- falls within the ksh 500,000 to 1,000,000 band, on which instruction fees of kshs 90,000/- are payable
  • Where a bill of costs is served and the defendant fails to file a response or attend court, the court may proceed to tax the bill unopposed

Court orders

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  1. 1.Instruction fees fixed at kshs 90,000/- being the value band for a subject value of ksh 950,000/- (ksh 500,000 to 1,000,000)
  2. 2.Items a, c, d, e, f, h, i, and 3c each taxed at ksh 1,400/-
  3. 3.Items b, g, j, k, 3a, 3b and 3d allowed as drawn
  4. 4.Bill of costs taxed at ksh 116,200/-
  5. 5.30 days stay of execution granted
Jurisdiction invoked
Taxation of a party-and-party bill of costs under the applicable advocate/costs procedure following judgment of ksh 950,000/-; the judgment does not state the enabling provision

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, "Gathungu v Iwaki Trading Limited (Civil Case E1512 of 2026) [2026] KEMC 535 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/535/eng@2026-08-21

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