Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another (Miscellaneous Application E593 of 2021) [2026] KEMC 545 (KLR) (20 August 2026) (Ruling) Neutral citation: [2026] KEMC 545 (KLR) REPUBLIC OF KENYA IN THE BUNGOMA LAW COURTS MISCELLANEOUS APPLICATION E593 OF 2021 RN MALOBA, SPM AUGUST 20, 2026 BETWEEN DICKSON OMONDE T/A DIMONDE AGENCIES AND AUCTIONEERS ........................................................................................ APPLICANT AND RAFIKI MICROFINANCE BANK LIMITED ............................ 1ST RESPONDENT YUNIS FOOD INVESTIMENT ................................................... 2ND RESPONDENT RULING 1. The bill of costs dated 4/8/2021 was filed by auctioneer vide his application on record. It is also dated 4/8/2026. 2. The bill was canvassed by written submissions. 3. I proceed to assess/tax the bill as follows: Item 1 – Upon receipt of warrants kshs. 1000/= drawn to scale, it is allowed as presented. Item 2 – Fees before attachment. Item drawn to scale at kshs. 4,000/= which is allowed. Item 3 – Taking inventory – kshs. 4,300/= charged. Per Rule 10, it applies to where goods have to be transported or insured. This is not evident in this case. Item is taxed ofi. Item 4 – Commission kshs. 41,843.15 charged against the principal sum of kshs. 616,843.15. 4. I proceed to calculate it per rule 5 as follows: First 100,000 ( 10% thereof) = kshs. 10,000 Excess thereof not exceeding 1m = 3/100 x 316,843.15 = kshs. 15,842.12 https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/545/eng@2026-08-20 1
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Item 5 – Insurance – Nil Item 6 – Transport upon proclamation on 15/2/2018 Bungoma – Busia kshs. 48,378 charged. This sum was calculated using AA rates 73.3 x 2 x 3 x 110 km 5. However, engine capacity of motor vehicle used, its registration number, fuel voucher receipts, work ticket or such other evidence to confirm its use were not supplied. Therefore, I would allow a sum of kshs. 12,000/- representing reasonable tax car hire service instead. Item 7 – Security – Nil Item 8 – Storage – Nil Item 9 – Sale commission – Nil Item 10 – Other disbursements kshs. 3,400/- charged without production of receipts or other relevant and verifiable documents. Item is taxed ofi. Item 11 – Filing of bill of costs, notice of appointment and submissions. A receipt for fees of kshs. 500/= is on record. I allow this item at kshs. 500/=. Item 12 – Process server’s fees kshs. 10,000/= charged. 6. However, just like item 10, the same is taxed ofi. A receipt should have been produced to confirm it as expended. It is noted with concern that even a return of service is missing from the record, yet it is charged. Item 13 – Investigation kshs. 5,300/= charged. I find this item reasonable when compared with item 6 and allow it as drawn. Total = 1000 + 4000 + 15,842.12 + 12,000 + 500 + 5300/= kshs. 54, 484.24. Add 16% VAT = 54, 484.24 + 8,717.45 = Kshs 63,201.72 only. DELIVERED IN OPEN COURT THIS 20TH DAY OF AUGUST 2026 HON. R.B.N MALOBA SPM In the presence of; Respondent- Mr. Macharia Applicant- N/A for Mr. Otsiula R. B. N MALOBA(MS) SPM https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/545/eng@2026-08-20 2
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