Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Limited & another (Miscellaneous Application E588 of 2021) [2026] KEMC 589 (KLR)
The bottom line
#A Kenyan magistrate cut an auctioneer's bill from Kshs. 303,749.80 to Kshs. 114,435.27 because most items lacked receipts, proof of service or vehicle records.
What this practically means
#Executive summary
#Key legal issues
#Whether the bill as drawn at Kshs. 303,749.80 should be allowed in full
The bill was not allowed as drawn; it was taxed down to Kshs. 114,435.27 after disallowing or reducing unsupported items.
The court assessed each of the 13 items individually. Items were allowed only where drawn to scale or supported by evidence, such as the Kshs. 500 filing receipt. Unsupported claims (inventory, insurance, storage, sale commission, disbursements, process server's fees) were struck off. The transport claim of Kshs. 212,423 was reduced to Kshs. 25,000 as reasonable taxi hire because no vehicle particulars, fuel voucher or work ticket substantiated the private-car AA rates formula. Commission was computed under Rule 4 of Part II on the arrears of Kshs. 1,097,022.
Transport charges under item 6
The AA-rates formula was declined; a flat Kshs. 25,000 was allowed as reasonable taxi hire charges.
The auctioneer claimed Kshs. 212,423 using AA rates (73.3 x 2 x 3 x 483km) but did not disclose the motor vehicle used or its engine capacity, and produced no fuel voucher, receipt or work ticket to show the journey was by private car. In the absence of that evidence the court declined to adopt the formula and instead allowed a reasonable sum of Kshs. 25,000 for taxi hire.
Legal principles established
#- Auctioneer's commission is computed under Rule 4 of Part II: 10% on the first Kshs. 1,000,000 and 5% on the excess
- Items on an auctioneer's bill must be supported by evidence such as receipts, proof of service and vehicle particulars; unsupported items are struck off or reduced
Court orders
#- 1.The auctioneer's bill of costs dated 4/8/2021 is taxed/assessed at Kshs. 114,435.27 only (inclusive of the Kshs. 15,758.176 addition), instead of the Kshs. 303,749.80 claimed
- Jurisdiction invoked
- Taxation of an auctioneer's bill of costs under Part II of the Auctioneers Rules (Rule 4 and Rule 10)
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 Limited & another (Miscellaneous Application E588 of 2021) [2026] KEMC 589 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/589/eng@2026-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.