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Original judgment

Dry Associates Limited v Capital Markets Authority & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 328 OF 2011 BETWEEN DRY ASSOCIATES LIMITED ......................................... PETITIONER AND CAPITAL MARKETS AUTHORITY ................... 1ST RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS ...... 2ND RESPONDENT AND CROWN BERGER (K) LTD .............................. INTERESTED PARTY RULING 1. I have considered the reference in matter. I find and hold that the learned Deputy Registrar erred when she awarded the amount for getting up as this is a petition which is dealt with in the nature and manner of an application. The getting up fees is accordingly taxed off. 2. As regards the instruction fee, the parties agree that the sum of Kshs. 350,000/= is adequate as instruction. The reference is allowed to that extent and therefore the party and party costs are certified at Kshs. 434,667/00 only. 3. Orders accordingly. DATED and DELIVERED at NAIROBI this 7th May 2014. D.S. MAJANJA JUDGE Mr Kahonge instructed by Macharia Kahonge and Company Advocates for the petitioner/applicant Mr Kiingati instructed by Kairu Mbuthia and Kiingati Advocates for the interested party.

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