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MagistratePartially AllowedCivil Suit No E013 of 2025· [2026] KEMC 558 (KLR)

Integrity Security Group (EA) Ltd v Simiyu t/a Silk Sports Lounge (Civil Suit E013 of 2025) [2026] KEMC 558 (KLR)

Magistrates' Court (Senior Resident Magistrate)
16 July 2026
338 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Bungoma court cut a litigant's recoverable costs to Kshs 135,300, confirming VAT and unproven items can't be claimed in Kenyan party-and-party bills.

What this practically means

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Executive summary

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This is a taxation ruling by the Senior Resident Magistrate at Bungoma (T.O. Omono, SRM) determining the Plaintiff's Party and Party Bill of Costs dated 17th April 2026, delivered on 16th July 2026. The court considered the Bill together with the Defendant's written submissions. It disallowed (assessed off) several items: Item B (VAT), following Pyramid Motors Limited v Langata Gardens Limited (2015) eKLR; Item 1 (filing fees for the demand letter), because it is not provided under Schedule 7 of the Advocates (Remuneration) Order and there was no evidence that the Plaintiff paid his counsel Kshs. 39,062/= for the demand letter; Item 3 for want of proof; Items 8–11 (service of hearing and mention notices), because the Defendant's counsel attended court on all those occasions, making service unnecessary; Items 33–36 (filing of affidavits) for the same reason; and Item 22, as there was no evidence of the sitting. Items allowed included Items 6 and 7 (service) at Kshs. 2,000/=, considering the distance between Bungoma and Webuye and per Schedule 7(6) of the ARO; Items 21, 23 and 25 (attendances) at Kshs. 1,400/= each per Schedule 7(6); and Item 26 as drawn to scale. The court concluded that the Bill was assessed at Kshs. 135,300/=. Mr. Bwonchiri appeared for the Plaintiff; the court clerk was Rioba.

Key legal issues

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01

Whether VAT is claimable in a party and party bill of costs

Holding

VAT (Item B) was disallowed following Pyramid Motors Limited v Langata Gardens Limited.

Reasoning

The court relied on the Pyramid Motors authority to hold that VAT is not permissible as a claimable item in a party and party bill of costs, and therefore struck off Item B.

p. 1
02

Whether unprovided-for and unproved items can be allowed

Holding

Items not provided for under Schedule 7 of the ARO, and items lacking proof, were assessed off.

Reasoning

The court held that the demand letter fee was not provided under Schedule 7 of the ARO and that no evidence showed payment of Kshs. 39,062/=; Item 3 was likewise disallowed for want of proof, and Item 22 for absence of evidence of a sitting.

p. 1
03

Assessment of service and attendance items

Holding

Service items were allowed at Kshs. 2,000/= per Schedule 7(6) considering distance; attendances allowed at Kshs. 1,400/= each; Item 26 allowed as drawn to scale.

Reasoning

Where the Defendant's counsel attended court, service of hearing and mention notices was unnecessary, so Items 8–11 and consequential affidavit-filing Items 33–36 were struck off. Distance between Bungoma and Webuye justified Kshs. 2,000/= for Items 6 and 7.

p. 1

Legal principles established

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  • Value Added Tax is not payable as an item in a Party and Party Bill of Costs, per Pyramid Motors Limited v Langata Gardens Limited
  • Filing fees for a demand letter are not provided for under Schedule 7 of the Advocates (Remuneration) Order and must be proved to be allowed

Court orders

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  1. 1.The Plaintiff's Party and Party Bill of Costs dated 17th April 2026 is assessed at Kshs. 135,300/=.

Authorities

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Legislation

  • Advocates (Remuneration) OrderSchedule 7; Schedule 7(6)

Cases cited (1)

  • Pyramid Motors Limited vs Langata Gardens Limited
    (2015) eKLR
Jurisdiction invoked
Taxation of a Party and Party Bill of Costs under the Advocates (Remuneration) Order

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, "Integrity Security Group (EA) Ltd v Simiyu t/a Silk Sports Lounge (Civil Suit E013 of 2025) [2026] KEMC 558 (KLR)", Case Analysis (2026). Civil Suit No E013 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/558/eng@2026-07-16

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