Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another (Miscellaneous Application E590 of 2021) [2026] KEMC 548 (KLR)
The bottom line
#A Bungoma court slashed an auctioneer's bill, taxing off every charge lacking receipts or proof of service.
What this practically means
#Executive summary
#Key legal issues
#Quantification of auctioneer's commission under rule 4
Commission on Kshs. 953,012.20 taxed at Kshs. 52,650.61, being 10% on the first Kshs. 100,000 and 5% on the excess of Kshs. 853,012.20
The court applied the sliding scale in the auctioneers' fees rules, calculating 10% on the first Kshs. 100,000 and 5% on the balance of Kshs. 853,012.20, arriving at Kshs. 10,000 plus Kshs. 42,650.61.
Evidentiary burden on the taxing officer's assessment of disbursements
Items claiming inventory, transport, disbursements and process service fees were taxed off or reduced where no receipts, work sheets, affidavits of service or other proof were availed
The taxing officer required documentary substantiation for each disbursement. Inventory charges, food and accommodation, and process service fees were struck out for want of receipts or affidavits; transport was scaled down to a reasonable taxi hire figure.
Legal principles established
#- Auctioneer's commission under rule 4 is calculated at 10% on the first Kshs. 100,000 and 5% on the excess
- Claims on a bill of costs unsupported by evidence, receipts or affidavits of service are taxed off
- Transport claims without proof of vehicle type, engine capacity or fuel vouchers may be reduced to a reasonable sum, such as reasonable taxi service hire
Court orders
#- 1.Item 1 taxed at Kshs. 1,000
- 2.Item 2 (fees on attachment) allowed at Kshs. 4,000
- 3.Item 3 (taking inventory) taxed off
- 4.Item 4 (commission) taxed at Kshs. 52,650.61 per rule 4
- 5.Items 5, 7, 8 and 9 assessed at Nil
- 6.Item 6 (transport) reduced to Kshs. 10,000 as reasonable taxi hire
- 7.Item 10 (other disbursements) taxed off for want of receipts
- 8.Item 11 (filing fees) allowed at Kshs. 500 on production of filing fees receipts
- 9.Item 12 (process service fees) taxed off for want of evidence of service
- 10.Item 13 (investigation) allowed as drawn at Kshs. 5,600
- 11.Total taxed at Kshs. 73,250.60, plus VAT of Kshs. 11,720.10, total Kshs. 84,970.70
- Jurisdiction invoked
- Taxation of an auctioneer's bill of costs under the applicable auctioneer's fees rules (reference made to 'rule 4')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another (Miscellaneous Application E590 of 2021) [2026] KEMC 548 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/548/eng@2026-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.