Achieng & others v Owino (Civil Case E202, 206, 209, 210, 211, 212, 216, 217, 218 & 221 of 2025 (Consolidated)) [2026] KEMC 607 (KLR)
The bottom line
#A Bungoma magistrate taxed ten bills of costs at Kshs. 63,800 each, cutting service charges lacking particulars and striking out costs not yet incurred.
What this practically means
#Executive summary
#Key legal issues
#Taxation of items drawn to scale
Items 1–2, 4–6 and 8 were assessed as drawn because they were drawn to scale
The court applied the standard taxation practice that items of a bill of costs which conform to the scale prescribed under the Advocates (Remuneration) Order are taxed as drawn without adjustment. No departure from the scale was warranted on the material before the taxing officer, so those items in each of the ten Bills in the series were allowed at the drawn amounts.
Service charges lacking particulars
Item 3 taxed at Kshs. 1,400/= per Schedule 7(10)(i) ARO because the Plaintiffs did not provide particulars of the place of service
A claimant for higher service charges must substantiate the service, including where it was effected. Having failed to provide the place of service, the Plaintiffs could not justify anything above the scheduled rate, so the taxing officer applied the flat Schedule 7(10)(i) rate to Item 3 in every Bill in the series.
Court fees and future costs
Item 7 allowed at Kshs. 500/= per receipts; Item 9 taxed off as not yet incurred but recoverable at execution upon proof of payment
Court fees were verified against the receipts on record and allowed at Kshs. 500/= each. Item 9 concerned costs not yet incurred at the date of taxation; the taxing officer held that such costs cannot be assessed in advance and may only be recovered during execution, and then only upon proof that the payment was actually made.
Legal principles established
#- Costs not yet incurred at the time of taxation cannot be assessed but remain recoverable during execution upon proof of payment
- Where particulars of the place of service are not provided, service charges are taxed at the rate in Schedule 7(10)(i) of the Advocates (Remuneration) Order
Court orders
#- 1.Items 1–2, 4–6 and 8 of each Bill assessed as drawn since drawn to scale
- 2.Item 3 in all Bills assessed at Kshs. 1,400/= each
- 3.Item 7 in all Bills assessed at Kshs. 500/= each
- 4.Item 9 in all Bills assessed off
- 5.Each Party and Party Bill of Costs in the series taxed and assessed at Kshs. 63,800/= each
- 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, "Achieng & others v Owino (Civil Case E202, 206, 209, 210, 211, 212, 216, 217, 218 & 221 of 2025 (Consolidated)) [2026] KEMC 607 (KLR)", Case Analysis (2026). Bungoma CMC CC Nos. E202, E206, E209, E210, E211, E212, E216, E217, E218 and E221 all of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/607/eng@2026-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.