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MagistratePartially AllowedNot stated in the ruling· [2026] KEMC 652 (KLR)

Makhanu v Abdullahi & another (Civil Case E266 of 2025) [2026] KEMC 652 (KLR)

Magistrates' Court
23 July 2026
505 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 cut a Kshs. 61,600 costs bill, ruling e-mail service counts as valid service but unproven expenses and future disbursements are not recoverable.

What this practically means

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Executive summary

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This is a taxation ruling by Senior Resident Magistrate T.O. Omono at Bungoma on the Plaintiff's Party and Party Bill of Costs dated 08th April 2026, opposed by the Defendants through a Replying Affidavit sworn on 08th June 2026. The court assessed the disputed items item by item under the Advocates (Remuneration) Order. Instruction fees for the application dated 09th December 2025 (item 2) were set at Kshs. 5,000/=, above the Kshs. 3,000/= minimum in Schedule 7(5), considering the nature of the application and the time taken to prosecute it. Attendance items 5 and 8 were assessed at Kshs. 1,400/= each under Schedule 7(6) since no hearing took place on those dates. For service between Bungoma and Mombasa, the claimed Kshs. 36,000/= was reduced to Kshs. 10,000/= under Schedule 7(10) for want of receipts. Item 10 was taxed off because the mention date was taken by consent, and item 13 was taxed off for want of proof. Following Aoro v Were (Aburili, J), items 11 and 12 for service by e-mail were assessed at Kshs. 1,400/= each on the basis that service via e-mail is still service. Disbursement item 18 was taxed off as the expenditure had not yet been incurred, with leave to recover it in execution upon proof of payment. The Bill was ultimately assessed at Kshs. 61,600/= each.

Key legal issues

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01

Instruction fees for prosecuting an application

Holding

Item 2 assessed at Kshs. 5,000/=, above the Kshs. 3,000/= minimum, considering the nature of the application and time taken

Reasoning

Schedule 7(5) of the ARO prescribes a minimum of Kshs. 3,000/= for prosecuting or defending an application. The court exercised discretion to enhance the fee to Kshs. 5,000/= in light of the nature of the application dated 09th December 2025 and the time taken to prosecute it.

p. 1
02

Attendance fees where no hearing took place

Holding

Items 5 and 8 assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO

Reasoning

Because no hearing took place on those occasions, the attendance items could not attract higher fees and were assessed at the lower rate prescribed by Schedule 7(6) of the ARO.

p. 1
03

Cost of service by e-mail

Holding

Service by e-mail attracts Kshs. 1,400/= per item, following Aoro v Were

Reasoning

Adopting Aburili, J's holding in Aoro v Were that service via e-mail is still service and attracts Kshs. 1,400/= under Paragraph 10 of Schedule 7 of the ARO, the court assessed items 11 and 12 (e-mail service) at Kshs. 1,400/= each. Order 5 of the Civil Procedure Rules applies mutatis mutandis to service of other court processes.

p. 2
04

Service costs claimed without receipts

Holding

Item 9 assessed at Kshs. 10,000/= despite a claim of Kshs. 36,000/= for lack of receipts, guided by Schedule 7(10)

Reasoning

The Plaintiff claimed Kshs. 36,000/= for service between Bungoma and Mombasa but produced no receipts to prove the expenditure. Guided by Schedule 7(10) of the ARO and factoring the distance, the court assessed the item at Kshs. 10,000/=.

p. 1

Legal principles established

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  • Service via e-mail is valid service and attracts an award of Kshs. 1,400 under Paragraph 10 of Schedule 7 of the Advocates Remuneration Order
  • Disbursements not yet incurred at the time of taxation cannot be awarded but remain recoverable in execution upon proof of payment

Court orders

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  1. 1.Item 2 (instruction fees) assessed at Kshs. 5,000/= per Schedule 7(5) of the ARO
  2. 2.Items 5 and 8 (attendances) assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO
  3. 3.Item 9 (service, Bungoma to Mombasa) assessed at Kshs. 10,000/= per Schedule 7(10) of the ARO
  4. 4.Item 10 (service of mention notice) assessed off
  5. 5.Items 11 and 12 (service by e-mail) assessed at Kshs. 1,400/= each
  6. 6.Item 13 assessed off for want of proof
  7. 7.Item 18 (disbursement) assessed off as expenditure not yet incurred
  8. 8.The Plaintiff's Party and Party Bill of Costs dated 08th April 2026 assessed at Kshs. 61,600/= each
Jurisdiction invoked
Taxation of a Party and Party Bill of Costs under the Advocates (Remuneration) Order

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, "Makhanu v Abdullahi & another (Civil Case E266 of 2025) [2026] KEMC 652 (KLR)", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/652/eng@2026-07-23

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