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MagistratePartially AllowedCivil Case E440 of 2026· [2026] KEMC 930 (KLR)

Chumo v Maina & 2 others

Eldoret Law Courts (Magistrates' Court)
18 September 2026
255 words in judgment
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The bottom line

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An Eldoret court taxed the winning party's legal costs at Ksh 120,900 after the defendants ignored the taxation hearing, showing silence can be expensive.

What this practically means

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Executive summary

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This ruling by Resident Magistrate M.E. Aligula, delivered electronically at Eldoret on 18 September 2026, disposes of the taxation of a party-and-party bill of costs dated 18 November 2025 in Civil Case E440 of 2026. The plaintiff, Lydia Chebet Chumo, filed the bill after a judgment sum of Ksh 206,550 in the underlying suit. The bill was served on the defendants as shown by a return of service sworn on 1 September 2026 by Omusundi J Morgan, but the defendants filed no response and did not attend the taxation fixed for 16 September 2026. The court therefore proceeded to assess the bill in their absence. Applying the subject value of Ksh 206,550, the magistrate found that the sum falls within the Ksh 200,000 to 500,000 band and fixed instruction fees at Kshs 65,000. On the itemised claims, the court allowed items 2, 3, 5, 7, 8, 10, 11, 12, 16, 17, 19, 23, 25, 27, 28 and 29 as drawn (item 25 being listed twice in the ruling); taxed items 4 and 6 at nil; allowed item 9 at Ksh 1,000; and allowed items 13, 14, 15, 18, 20, 21, 22, 24 and 26 at Ksh 1,400 each. No reasons were recorded for the disallowances or reductions. The court taxed the bill at Ksh 120,900 and granted 30 days' stay of execution. The ruling decides a first-instance taxation: it reviews no decision below, cites no authority or statute by name, and contains no separate judicial opinions. Its reasoning is terse - the nil and reduced items are unexplained - but the arithmetic follows from the instruction fee and the per-item allowances, and the order binds the parties to the taxed figure subject to the stay.

Key legal issues

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01

Taxation in the absence of the defendant

Holding

Having been served with the bill as shown by the return of service, and having neither filed a response nor attended the taxation on 16 September 2026, the defendants defaulted and the court proceeded to assess the bill in their absence.

Reasoning

The court recorded that the bill dated 18 November 2025 was served upon the defendant as per the return of service sworn on 1 September 2026 by Omusundi J Morgan. On 16 September 2026 the defendant neither filed a response nor appeared. The magistrate treated that default as permitting formal assessment, stating that the court shall proceed and assess the bill. This reflects ordinary practice: a duly served party who does not participate in a taxation risks the bill being taxed on the taxing officer's own evaluation of each item.

p. 1
02

Instruction fees on a subject value of Ksh 206,550

Holding

The judgment/subject value of Ksh 206,550 falls within the Ksh 200,000 to 500,000 band, so instruction fees were fixed at Kshs 65,000.

Reasoning

The taxing officer took the judgment sum of Ksh 206,550 as the subject value and applied the band for values between Ksh 200,000 and Ksh 500,000, fixing instruction fees at Kshs 65,000. The ruling does not identify the fee schedule relied on, and no party appeared to contest the computation. The instruction fee is the largest single component of the final taxed sum of Ksh 120,900.

p. 1
03

Itemised taxation of the bill

Holding

Items 4 and 6 were taxed at nil, item 9 at Ksh 1,000, nine items at Ksh 1,400 each, and the remaining enumerated items as drawn, producing a global taxed figure of Ksh 120,900.

Reasoning

The court went through the bill item by item. The enumerated items (with item 25 listed twice) were allowed as drawn; items 4 and 6 were disallowed entirely; item 9 was allowed at Ksh 1,000; and items 13, 14, 15, 18, 20, 21, 22, 24 and 26 were each allowed at Ksh 1,400. No reasons were recorded for any disallowance or reduction, and the defendant made no submissions, so the reductions rest solely on the taxing officer's discretion. The global figure of Ksh 120,900 follows from these allowances.

p. 1

Legal principles established

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  • A taxing officer may assess a duly served bill of costs where the responding party neither files a response nor attends the taxation.
  • For a judgment/subject value falling between Ksh 200,000 and Ksh 500,000, instruction fees of Kshs 65,000 are chargeable on a party-and-party bill.

Court orders

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  1. 1.Instruction fees fixed at Kshs 65,000/-.
  2. 2.Items 2, 3, 5, 7, 8, 10, 11, 12, 16, 17, 19, 25, 23, 25, 27, 28 and 29 of the bill taxed as drawn.
  3. 3.Items 4 and 6 taxed at nil.
  4. 4.Item 9 taxed at Ksh 1,000/-.
  5. 5.Items 13, 14, 15, 18, 20, 21, 22, 24 and 26 each taxed at Ksh 1,400/-.
  6. 6.The bill of costs taxed at Ksh 120,900/-.
  7. 7.30 days' stay of execution granted.
Jurisdiction invoked
Not stated. The court exercises its taxing jurisdiction over a party-and-party bill of costs in the civil suit before it; no constitutional or statutory provision is invoked in the ruling.

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, "Chumo v Maina & 2 others", Case Analysis (2026). Civil Case E440 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/930/eng@2026-09-18

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