Matere & another (Suing as the Legal Representatives of the Estate of Daniel Wafula Kundu - Deceased) v Siro (Civil Suit E499 of 2024) [2026] KEMC 689 (KLR)
The bottom line
#A Bungoma magistrate taxed the plaintiff's costs at Kshs. 163,100/=, cutting items that lacked proof of service, attendance, or disbursement.
What this practically means
#Executive summary
#Key legal issues
#Assessment of items drawn to scale
Items drawn to scale were allowed as drawn.
The taxing magistrate went through the bill item by item. Those items which were drawn to scale under the Advocates (Remuneration) Order were allowed without variation, as no departure from the scale was shown.
Proof of service and disbursements
Service and disbursement items without proof were assessed off.
Item 3 was allowed at a reduced figure of Kshs. 2,000/= to reflect the distance between Bungoma and Malaba. Item 4 and disbursement Item 24 were struck off because no proof of the service or disbursement was tendered.
Attendance items where no hearing took place
Attendance items were disallowed where no attendance occurred; Item 11 was taxed down under schedule 7(6) of the ARO.
Items 7 and 9 were disallowed because neither the Plaintiff nor counsel attended court on those occasions. Item 11, indexed to a hearing that did not take off, was assessed at Kshs. 1,400/= pursuant to schedule 7(6) of the Advocates (Remuneration) Order.
Legal principles established
#- Items of a bill of costs drawn to scale are assessed as drawn
- Attendance items are not payable where neither party nor counsel attended court
Court orders
#- 1.The Plaintiff's Party and Party Bill of Costs dated 04th May 2026 is assessed at Kshs. 163,100/=
- Jurisdiction invoked
- Advocates (Remuneration) Order - taxation of a Party and Party Bill of Costs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Matere & another (Suing as the Legal Representatives of the Estate of Daniel Wafula Kundu - Deceased) v Siro (Civil Suit E499 of 2024) [2026] KEMC 689 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/689/eng@2026-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.