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MagistrateOtherCivil Case No. E181 of 2025· [2026] KEMC 595 (KLR)

Wafula v Yunnah International Construction Company Ltd (Civil Case E181 of 2025) [2026] KEMC 595 (KLR)

Chief Magistrates Court at Bungoma
23 July 2026
TOT.O. Omono
304 words in judgment
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The bottom line

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A Bungoma court awarded Kshs. 62,300 in litigation costs, but refused to pay items the winning party could not prove with receipts or witness confirmation.

What this practically means

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Executive summary

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This ruling by the Chief Magistrates Court at Bungoma determines the Plaintiff's Party and Party Bill of Costs dated 02nd December 2025 in Civil Case No. E181 of 2025, Gideon Juma Wafula v Yunnah International Construction Company Limited. The taxing magistrate assessed several items as drawn to scale (items 2, 4, 6, 7(a), (b) and (d), and 14). On instruction fees, applying Schedule 7 of the Advocates (Remuneration) Order, which prescribes a minimum of Kshs. 40,000/= for a subject matter valued at Kshs. 156,550/=/-, the court fixed instruction fees at Kshs. 45,000/= considering the time taken and the nature of the case. Service (item 5) was taxed off for want of proof. Attendance on item 7(c) was assessed at Kshs. 1,400/= per Schedule 7(6) of the ARO because no hearing took place on that occasion. Disbursements for witnesses (items 8-11) were disallowed because the witnesses did not confirm in testimony that the Plaintiff had paid them to attend court. Item 12 was allowed at Kshs. 500/= per the court fees receipt. Item 15 was disallowed as unincurred expenditure, with a note that such costs are recoverable during execution upon proof of payment. The bill was finally assessed at Kshs. 62,300/=. Delivered by Senior Resident Magistrate T.O. Omono on 23rd July 2026.

Key legal issues

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01

Assessment of instruction fees where the subject matter has a statutory minimum

Holding

Item 1 assessed at Kshs. 45,000/=, above the statutory minimum of Kshs. 40,000/=, considering time taken and nature of the case

Reasoning

Schedule 7 of the Advocates (Remuneration) Order prescribes a minimum instruction fee of Kshs. 40,000/= for a subject matter valued at Kshs. 156,550/=. The taxing magistrate exercised discretion to go above the minimum in view of the time taken to conclude the case and the nature of the case.

p. 1
02

Taxability of witness attendance and service costs

Holding

Items 5 and 8-11 taxed off for want of proof of payment/service

Reasoning

The court held that disbursements claimed for witnesses must be proved; since the witnesses did not testify that the Plaintiff had paid them to attend court, those items were disallowed. Service was likewise disallowed for want of proof. Future expenditure (item 15) was disallowed as not yet incurred, with leave to recover upon proof during execution.

p. 1

Legal principles established

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  • Costs for expenditure not yet incurred are not taxable but are recoverable during execution upon proof of payment.

Court orders

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  1. 1.The Plaintiff's Party and Party Bill of Costs dated 02nd December 2025 is assessed at Kshs. 62,300/=

Authorities

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Legislation

  • Advocates (Remuneration) OrderSchedule 7
  • Advocates (Remuneration) OrderSchedule 7(6)
Jurisdiction invoked
Advocates (Remuneration) Order - taxing officer's jurisdiction over a Party and Party 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, "Wafula v Yunnah International Construction Company Ltd (Civil Case E181 of 2025) [2026] KEMC 595 (KLR)", Case Analysis (2026). Civil Case No. E181 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/595/eng@2026-07-23

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