Evans t/a Smart School Enterprises v Secretary Board of Management Friends Bukembe Boys High School (Civil Suit E010 of 2025) [2026] KEMC 557 (KLR)
The bottom line
#A Bungoma court cut a plaintiff's legal costs bill because instruction fees drop to 75% when a case settles early and attendance fees require actual court attendance.
What this practically means
#Executive summary
#Key legal issues
#Assessment of instruction fees where the suit was settled summarily after confirmation of the first hearing date
Instruction fees are payable at 75% of the fees chargeable under item 1(a), yielding Kshs. 48,750/= on a subject matter valued at Kshs. 462,000/=.
The court identified the value of the subject matter as Kshs. 462,000/=. Because the matter was settled in a summary manner after the confirmation of the first hearing date, the applicable tariff was Schedule 7(1)(b) of the Advocates (Remuneration) Order, which prescribes 75% of the item 1(a) fees. Applying that percentage to Kshs. 65,000/= produced the assessed figure of Kshs. 48,750/=.
Whether attendance fees may be claimed for dates on which the party and counsel did not attend court
Attendance claims for dates of non-attendance are assessed off; the remaining attendance claims were allowed as drawn to scale.
The taxing officer examined each attendance claim against the court record. For the five specified dates, neither the Plaintiff nor his counsel attended court, so those claims were disallowed. Item 23 was likewise disallowed because counsel did not attend. All other attendance claims were drawn to scale and were allowed as drawn.
Legal principles established
#- Where a matter is settled in a summary manner after confirmation of the first hearing date, instruction fees are 75% of the fees chargeable under item 1(a) of Schedule 7 of the Advocates (Remuneration) Order.
Court orders
#- 1.Items 3 and 4 of the bill assessed as drawn since they were drawn to scale
- 2.Item 1 (instruction fees) assessed at Kshs. 48,750/=, being 75% of Kshs. 65,000/= under Schedule 7(1)(b) of the Advocates (Remuneration) Order
- 3.Attendance costs for 05/02/2025, 26/02/2025, 01/04/2025, 03/06/2025 and 09/04/2026 assessed off due to non-attendance
- 4.Remaining attendance claims assessed as drawn
- 5.Item 23 assessed off since Plaintiff's counsel did not attend court
- 6.The Plaintiff's Party and Party Bill of Costs dated 17th July 2026 assessed at Kshs. 75,495/=
- Jurisdiction invoked
- Taxation of a party and party bill of costs under the Advocates (Remuneration) Order, Schedule 7(1)(b)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Evans t/a Smart School Enterprises v Secretary Board of Management Friends Bukembe Boys High School (Civil Suit E010 of 2025) [2026] KEMC 557 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/557/eng@2026-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.