Okumu & others v Owino (Civil Case E201, E204, E205, E207, E208, E214 & E222 of 2025 (Consolidated)) [2026] KEMC 763 (KLR)
The bottom line
#A Bungoma court taxed seven cost bills at Kshs. 60,100 each, showing Kenyan courts reject claims for legal costs not yet actually incurred.
What this practically means
#Executive summary
#Key legal issues
#Taxation of service items without particulars of place of service
Allowed at the scheduled sum of Kshs. 1,400 per item
The court applied Schedule 7(10)(i) of the Advocates (Remuneration) Order but, because the Plaintiff failed to give particulars of where service of the Plaint and Summons to Enter Appearance was effected, the item was not allowed as drawn but at the scheduled flat rate.
Attendances at which no hearing took place
Assessed at Kshs. 1,400 each per Schedule 7(6) of the ARO
Items 6(d) and 6(e) related to attendances on occasions when no hearing took place, so the court did not allow them as drawn but applied the scheduled attendance fee.
Costs yet to be incurred
Taxed off; recoverable only during execution upon proof of payment
Item 9 claims had not been incurred at the date of taxation. The court held such anticipatory claims cannot be allowed on taxation but remain recoverable in execution once payment is proved.
Legal principles established
#- Where particulars of the place of service are not provided, service is taxed at the scheduled rate of Kshs. 1,400 per Schedule 7(10)(i) of the Advocates (Remuneration) Order
- Costs not yet incurred at taxation cannot be allowed but are recoverable during execution upon proof of payment
Court orders
#- 1.Items 1–2, 4–6(a)-(c) and (f) and item 8 assessed as drawn to scale
- 2.Item 3 in all Bills assessed at Kshs. 1,400 each per Schedule 7(10)(i) of the ARO
- 3.Items 6(d) and 6(e) assessed at Kshs. 1,400 each per Schedule 7(6) of the ARO
- 4.Item 7 in all Bills assessed at Kshs. 500 each per court fees receipts
- 5.Item 9 in all Bills assessed 'off' as costs yet to be incurred, recoverable during execution upon proof of payment
- 6.Each Party and Party Bill of Costs in the series assessed at Kshs. 60,100
- Jurisdiction invoked
- Advocates (Remuneration) Order – taxation of Party and Party Bills of Costs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okumu & others v Owino (Civil Case E201, E204, E205, E207, E208, E214 & E222 of 2025 (Consolidated)) [2026] KEMC 763 (KLR)", Case Analysis (2026). Bungoma CMC CC Nos. E201, E204, E205, E207, E208, E214 and E222 all of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/763/eng@2026-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.