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MagistrateOtherNot stated in judgment· [2026] KEMC 779 (KLR)

Ogola v Otieno & another (Civil Case 122 of 2020) [2026] KEMC 779 (KLR)

Magistrates' Court
27 August 2026
260 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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An Eldoret court taxed a costs bill at Ksh 155,555 after the defendant ignored the taxation, showing that skipping a costs hearing does not stop the process.

What this practically means

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Executive summary

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This is a first-instance taxation ruling by Resident Magistrate M.E. Aligula delivered electronically at Eldoret on 27th August 2026. The plaintiff filed a party-and-party bill of costs dated 25th May 2026, which was served on the defendant as evidenced by a return of service sworn on 3rd July 2026 by Zablon O. Bikeri. At the first taxation appearance on 15th July 2026, both parties were present and Mr Kutto, counsel for the defendant, sought time to file a response; taxation was adjourned to 26th August 2026. The defendant filed no response and did not attend, and the court proceeded to assess the bill in the defendant's absence. Taking the judgment sum of ksh 186,000/- as the subject value, the court placed it within the ksh 100,000 to 200,000 band and fixed instruction fees at kshs 40,000/-. The court then taxed the bill item by item, allowing most items as drawn while reducing specified items (including item c at ksh 10,000/-, item fi at kshs 9,200/-, items ii and kk at ksh 2,100/- each, item mm at ksh 7,000/-, item nn at ksh 4,200/-, and items qq and rr at ksh 2,100/- each). The bill was taxed overall at ksh 155,555/-, and 30 days' stay of execution was granted. No authorities were cited and no separate costs order was made beyond the taxed figure.

Key legal issues

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01

Taxation in absence of a responding party

Holding

The court proceeded to tax the bill after the defendant, though served and granted time to respond, filed no response and did not attend.

Reasoning

The bill was served and a return of service sworn. On the first taxation date counsel for the defendant sought time to respond and a further date of 26th August 2026 was given. The defendant neither filed a response nor attended, so the court exercised its discretion to proceed and assess the bill ex parte on the materials before it.

p. 1
02

Assessment of instruction fees by subject value

Holding

Instruction fees were fixed at kshs 40,000/- based on the judgment sum of ksh 186,000/- falling within the ksh 100,000 to 200,000 band.

Reasoning

The court used the judgment sum as the subject value for taxing instruction fees. Applying the applicable fee band, a subject value between ksh 100,000 and 200,000 attracts instruction fees of kshs 40,000/-, which the court then combined with the taxed items to arrive at the total.

p. 1
03

Item-by-item taxation of the bill

Holding

Numerous items were taxed as drawn, with specified items taxed at reduced figures, producing a total of ksh 155,555/-

Reasoning

The court went through the bill item by item, allowing most items as drawn, and reducing item c to ksh 10,000/-, item fi to kshs 9,200/-, items ii and kk to ksh 2,100/- each, item mm to ksh 7,000/-, item nn to ksh 4,200/-, and items qq and rr to ksh 2,100/- each, before totalling the bill.

p. 2

Legal principles established

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  • Where a party served with a bill of costs fails to file a response or attend the taxation, the court may proceed to assess the bill in their absence.
  • A judgment sum of ksh 186,000/- falls within the ksh 100,000 to 200,000 band, attracting instruction fees of kshs 40,000/-.

Court orders

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  1. 1.Instruction fees assessed at kshs 40,000/- (subject value ksh 186,000/- falling within ksh 100,000 to 200,000)
  2. 2.Items b, d, e, f, g, h, i, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y, z, aa, bb, cc, dd, ee, gg, hh, jj, ll, oo, pp taxed as drawn
  3. 3.Item c taxed at ksh 10,000/-
  4. 4.Item fi taxed at kshs 9,200/-
  5. 5.Items ii and kk each taxed at ksh 2,100/-
  6. 6.Item mm taxed at ksh 7,000/-
  7. 7.Item nn taxed at ksh 4,200/-
  8. 8.Items qq and rr each taxed at ksh 2,100
  9. 9.Bill of costs taxed at ksh 155,555/-
  10. 10.30 days stay of execution granted
Jurisdiction invoked
Taxation of a party-and-party bill of costs under the advocate's remuneration framework (specific provision not cited in the judgment)

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, "Ogola v Otieno & another (Civil Case 122 of 2020) [2026] KEMC 779 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/779/eng@2026-08-27

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