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MagistratePartially Allowed· [2026] KEMC 608 (KLR)

Ang’anya v Okinyi (Civil Suit E197 of 2025) [2026] KEMC 608 (KLR)

Magistrates' Court
24 February 2026
704 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Bungoma court taxed a winning party's costs at Kshs. 61,385, ruling VAT cannot be claimed in party-and-party costs unless you prove you actually paid it.

What this practically means

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Executive summary

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This is a first-instance taxation ruling by the Senior Resident Magistrate at Bungoma on the Plaintiff's Party and Party Bill of Costs dated 11th December 2025. The underlying suit had proceeded by formal proof because the Defendant neither entered appearance nor filed a defence. The court assessed instruction fees at Kshs. 29,850/=, being 65% of the lower scale fees of Kshs. 45,000/= under Schedule 7(1)(a) of the Advocates Remuneration Order, 2014, given a subject matter valued at Kshs. 263,760/=. The court refused VAT (item B), holding that party-and-party costs are due to the litigant and not counsel, that no taxable supply exists between litigating parties, and that VAT is awardable only in an Advocate-Client Bill or upon proof of payment. It followed Pyramid Motors Ltd v Langata Gardens Ltd and applied Kenya Commercial Bank Ltd v Stagecoach Management Ltd, noting the Plaintiff produced no evidence of having paid VAT. Filing fees in item 2 were taxed off for want of proof while item 4 was allowed at Kshs. 500/= on the court fees receipt. Item 7 was taxed off as a repeat of item 5. Service in items 5 and 8-10 was proved by affidavits of service and assessed at Kshs. 3,000/= each considering the distance between Bungoma and Buyofu, per Schedule 7(10)(i). Attendance in item 13 was assessed at Kshs. 2,100/= per Schedule 7(7)(ii) as the hearing did not occupy a full day. The Bill was ultimately assessed at Kshs. 61,385/=.

Key legal issues

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01

Instruction fees on formal proof

Holding

Instruction fees computed at 65% of the lower scale fees of Kshs. 45,000/= under Schedule 7(1)(a) ARO, yielding Kshs. 29,850/=

Reasoning

The subject matter was valued at Kshs. 263,760/=. The Defendant neither entered appearance nor filed a defence, so the suit proceeded by formal proof. Schedule 7(1)(a) of the ARO 2014 prescribes that in such instances instruction fees should be 65% of the lower scale fees of Kshs. 45,000/=, producing the assessed figure for item A.

p. 1
02

VAT in a Party and Party Bill

Holding

VAT was taxed off; it is not awardable in a Party and Party Bill absent proof of payment of VAT

Reasoning

The court reasoned that party-and-party costs compensate the litigant, not the advocate, so no taxable supply arises between the parties. Following Pyramid Motors Ltd v Langata Gardens Ltd, VAT is chargeable only on a taxable supply and can be awarded only in an Advocate-Client Bill. No evidence was tendered that the Plaintiff paid VAT on legal fees.

p. 2
03

Proof of disbursements (filing, service, attendance)

Holding

Unproved filing fees taxed off; service fees assessed at Kshs. 3,000/= each per Schedule 7(10)(i) ARO considering distance; attendance assessed at Kshs. 2,100/= per Schedule 7(7)(ii)

Reasoning

Item 2 failed for want of proof while item 4 was proved by the court fees receipt at Kshs. 500/=. Service in Buyofu within Bungoma county was proved by affidavits of service, and fees were assessed at Kshs. 3,000/= each considering the distance from Bungoma. The hearing did not take a full day, so item 13 was assessed at Kshs. 2,100/=.

p. 3

Legal principles established

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  • VAT cannot be awarded in a Party and Party Bill of Costs; it is awardable only in an Advocate-Client Bill or where the party proves payment of VAT

Court orders

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  1. 1.The Plaintiff's Party and Party Bill of Costs dated 11th December 2025 was assessed at Kshs. 61,385/=

Authorities

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Legislation

  • Advocates Remuneration Order, 2014Schedule 7(1)(a)
  • Advocates Remuneration Order, 2014Schedule 7(10)(i)
  • Advocates Remuneration Order, 2014Schedule 7(7)(ii)
  • Value Added Tax Act, 2013section 5

Cases cited (2)

  • Pyramid Motors Limited vs Langata Gardens Limited
    (2015) eKLR
  • Kenya Commercial Bank Limited v Stagecoach Management Limited
    [2017] eKLR
Jurisdiction invoked
Taxation of a Party and Party Bill of Costs under the Advocates Remuneration Order, 2014

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, "Ang’anya v Okinyi (Civil Suit E197 of 2025) [2026] KEMC 608 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/608/eng@2026-02-24

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