Mweyu & another v Owino (Civil Case E213 & E215 of 2025 (Consolidated)) [2026] KEMC 606 (KLR)
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
#Key legal issues
#Taxation of service items without particulars of place of service
Item 3 in each Bill assessed at Kshs. 1,400/= per Schedule 7(10)(i) of the ARO instead of as drawn
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/=.
Attendances where no hearing took place
Items 6(c) and 6(e) assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO
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.
Claims for costs not yet incurred
Items 9 and 10 assessed off; recoverable during execution upon proof of payment
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.
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.Items 1–2, 4–6(a),(b),(d),(f) and item 8 assessed as drawn, being drawn to scale
- 2.Item 3 in both Bills of Costs assessed at Kshs. 1,400/= each per Schedule 7(10)(i) of the ARO
- 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.Item 7 in both Bills of Costs assessed at Kshs. 500/= each per the court fees receipts on record
- 5.Items 9 and 10 in both Bills of Costs assessed off, such costs being recoverable during execution upon proof of payment
- 6.Each of the Plaintiffs' Party and Party Bills of Costs in the series assessed at Kshs. 85,300/=
- 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.