Molonket v East Africa Portland Cement (Cause 198 of 2019) [2024] KEELRC 2573 (KLR)

Molonket v East Africa Portland Cement (Cause 198 of 2019) [2024] KEELRC 2573 (KLR) (24 October 2024) (Ruling) Neutral citation: [2024] KEELRC 2573 (KLR) REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI CAUSE 198 OF 2019 S RADIDO, J OCTOBER 24, 2024 BETWEEN LUCY RIMANTO MOLONKET ............................................................. CLAIMANT AND EAST AFRICA PORTLAND CEMENT ............................................ RESPONDENT RULING 1. Lucy Rimanto Molonket (the Claimant) caused her Bill of Costs to be taxed on 19 August 2024. The Claimant was dissatisfied with the taxation of the instructions fees and consequently, getting up fees. 2. The Claimant, therefore, filed a Reference on 12 September 2024. 3. The Respondent filed a replying afidavit in opposition to the Reference on 2 October 2024. 4. The Court took brief oral submissions from the parties on 23 October 2024. 5. The Court has considered the Reference, afidavits and submissions. 6. It is not in dispute that the Court awarded the Claimant Kshs 15,165,782/-. 7. Paragraph 1(b) of Schedule 6 of the Advocates Remuneration Order sets out the scales of fees applicable. The fees are computed on a graduated basis at the levels of Kshs 500,000/-, Kshs 750,000/-, Kshs 1,000,000/- and ultimately 2% of the balance decretal sum. 8. While taxing the Claimant’s Bill of Costs, the Taxing Oficer appears to have simply arrived at the sum of Kshs 403,315/- without any explanation (2% of the Kshs 15,165,782/- awarded in the judgment is Kshs 303,315/-). 9. The Taxing Oficer then calculated 1/3 of Kshs 403, 315/- to get the getting up fees of Kshs 134,438/-. 10. This Court, therefore, finds that the Taxing Oficer fell into an error of principle. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2573/eng@2024-10-24 1

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