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MagistratePartially AllowedNot stated in judgment· [2026] KEMC 546 (KLR)

Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another (Miscellaneous Application E592 of 2021) [2026] KEMC 546 (KLR)

Senior Principal Magistrate's Court
20 August 2026
RMR.B.N. MALOBA
426 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court cut an auctioneer's bill sharply, allowing only costs backed by receipts, returns of service, or the Auctioneers Rules' fee scales.

What this practically means

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Executive summary

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This is a first-instance taxation/assessment ruling by the Senior Principal Magistrate's Court on an auctioneer's bill of costs dated 4/8/2021, taxed under Part II of the Auctioneers Rules following written submissions. The court went item by item. Item 1 (receipt of warrants, Kshs. 1,000) and Item 2 (fees before attachment, Kshs. 4,000) were allowed as drawn to scale. Item 3 (taking inventory, Kshs. 3,900) was taxed off because it was not shown that any proclaimed goods were attached or insured as required by Rule 10. Item 4 (commission of Kshs. 14,241.18 on a principal sum of Kshs. 142,411.80) was recalculated under Rule 5 at 10% on the first Kshs. 100,000 and 5% on the excess, allowing Kshs. 10,120.59 and taxing off the rest. Items 5, 7, 8 and 9 were allowed at nil. On Item 6 (transport, Kshs. 45,739.20 at AA rates), the court found the rates unjustified because the vehicle type, engine capacity, receipts, fuel vouchers or work ticket were not produced, and allowed Kshs. 10,000 as reasonable taxi hire. Item 10 (Kshs. 3,400) and Item 12 (Kshs. 10,000) were taxed off for want of receipts and, in the case of service fees, any return of service on record. Item 11 (filing fees, Kshs. 500) was allowed per receipts; Item 13 (investigation, Kshs. 5,500) was allowed as reasonably charged. The total was assessed at Kshs. 31,120.59, and with 16% VAT added, the bill was taxed at Kshs. 36,099.90.

Key legal issues

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01

Auctioneer's commission calculation

Holding

Commission calculated per Rule 5 scale: 10% on first 100,000 and 5% on excess, totalling Kshs. 10,120.59; excess taxed off

Reasoning

The auctioneer charged Kshs. 14,241.18 on a principal sum of Kshs. 142,411.80. The court applied the Rule 5 scale, allowing 10% on the first Kshs. 100,000 and 5% on the excess of Kshs. 2,411.80, and taxed off the remainder.

p. 2
02

Proof of disbursements

Holding

Items not supported by receipts, work tickets, returns of service or other documents are taxed off

Reasoning

Transport claim at AA rates was rejected for lack of specification of vehicle, receipts or work ticket; the court allowed a reasonable sum of Kshs. 10,000 for taxi hire instead. Other disbursements and process server's fees were likewise not proved.

p. 2

Legal principles established

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  • Charges must be justified by evidence such as receipts, returns of service, or statutory backing under the Auctioneers Rules; otherwise they are taxed off

Court orders

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  1. 1.Bill of costs taxed/assessed at Kshs. 36,099.90 (including 16% VAT)
Jurisdiction invoked
Auctioneers Rules, Part II - taxation/assessment of an auctioneer's bill of costs

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, "Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another (Miscellaneous Application E592 of 2021) [2026] KEMC 546 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/546/eng@2026-08-20

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