Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
MagistrateOtherBungoma CMC CC Nos. E213 and E215 of 2025 (Bills of Costs dated 24th April 2026)· [2026] KEMC 606 (KLR)

Mweyu & another v Owino (Civil Case E213 & E215 of 2025 (Consolidated)) [2026] KEMC 606 (KLR)

Magistrates' Court at Bungoma
23 July 2026
301 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

#

A Bungoma court cut a plaintiff's legal costs bill to Kshs. 85,300, refusing to pay for services, attendances, and expenses that weren't properly documented or yet incurred.

What this practically means

#

Executive summary

#
This is a taxation ruling by the Senior Resident Magistrate at Bungoma determining the Plaintiffs' Party and Party Bills of Costs dated 24th April 2026 filed in Bungoma CMC CC Nos. E213 and E215 of 2025, which were dealt with together because they sought similar costs arising from similar proceedings. Items 1–2, 4–6(a),(b),(d) and (f) and item 8 were allowed as drawn since they were drawn to scale. Item 3 in each Bill, covering service of the Plaint and Summons to Enter Appearance, was reduced to Kshs. 1,400/= per Schedule 7(10)(i) of the Advocates (Remuneration) Order because the Plaintiff did not provide particulars of the place of service. Attendance items 6(c) and 6(e), on occasions when no hearing took place, were each assessed at Kshs. 1,400/= per Schedule 7(6) of the Order. Item 7 in each Bill was allowed at Kshs. 500/= as evidenced by the court fees receipts on record. Items 9 and 10 were taxed off because the claimed costs had not yet been incurred at the time of assessment, the court noting that such costs remain recoverable during execution upon proof of payment. The court concluded by assessing each Bill of Costs in the series at Kshs. 85,300/=. The ruling was read, signed and delivered in open court at Bungoma on 23rd July 2026, with Ms. Chebet appearing for the Plaintiffs and Mr. Choni for the Defendants.

Key legal issues

#
01

Taxation of service items without particulars of place of service

Holding

Item 3 in each Bill assessed at Kshs. 1,400/= per Schedule 7(10)(i) of the ARO instead of as drawn

Reasoning

The Plaintiff failed to provide particulars of where service of the Plaint and Summons to Enter Appearance was conducted. In the absence of that information the court declined to allow the items as drawn and instead applied the tariff figure in Schedule 7(10)(i) of the Advocates (Remuneration) Order, fixing each service item at Kshs. 1,400/=.

p. 1
02

Attendances where no hearing took place

Holding

Items 6(c) and 6(e) assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO

Reasoning

The court found that no hearing took place on the occasions covered by items 6(c) and 6(e). Attendance items for occasions without a hearing do not attract drawn-to-scale values; the tariff under Schedule 7(6) of the Advocates (Remuneration) Order applies, yielding Kshs. 1,400/= per item in each Bill.

p. 1
03

Claims for costs not yet incurred

Holding

Items 9 and 10 assessed off; recoverable during execution upon proof of payment

Reasoning

The amounts claimed under items 9 and 10 had not been incurred by the Plaintiffs at the time of taxation. Costs that are merely anticipated cannot be allowed on taxation; they are recoverable later in execution, provided payment is proved. The items were accordingly taxed off in both Bills in the series.

p. 1

Legal principles established

#
  • Where the particulars of the place of service are not provided, service items cannot be taxed at drawn-to-scale value but are assessed per Schedule 7(10)(i) of the Advocates (Remuneration) Order
  • Attendances on occasions when no hearing took place are taxed per Schedule 7(6) of the ARO rather than as drawn
  • Costs not yet incurred at the time of taxation cannot be allowed but are recoverable during execution upon proof of payment

Court orders

#
  1. 1.Items 1–2, 4–6(a),(b),(d),(f) and item 8 assessed as drawn, being drawn to scale
  2. 2.Item 3 in both Bills of Costs assessed at Kshs. 1,400/= each per Schedule 7(10)(i) of the ARO
  3. 3.Items 6(c) and 6(e) in both Bills of Costs assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO
  4. 4.Item 7 in both Bills of Costs assessed at Kshs. 500/= each per the court fees receipts on record
  5. 5.Items 9 and 10 in both Bills of Costs assessed off, such costs being recoverable during execution upon proof of payment
  6. 6.Each of the Plaintiffs' Party and Party Bills of Costs in the series assessed at Kshs. 85,300/=

Authorities

#

Legislation

  • Advocates (Remuneration) OrderSchedule 7(10)(i)
  • Advocates (Remuneration) OrderSchedule 7(6)
Jurisdiction invoked
Taxation of Party and Party Bills of Costs under the Advocates (Remuneration) Order

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mweyu & another v Owino (Civil Case E213 & E215 of 2025 (Consolidated)) [2026] KEMC 606 (KLR)", Case Analysis (2026). Bungoma CMC CC Nos. E213 and E215 of 2025 (Bills of Costs dated 24th April 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/606/eng@2026-07-23

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