REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE'S COURT AT BUNGOMA MISC. APPL. NO. E592 OF 2021 DICKSON OMONDE T/A DIMONDE AGENCIES AND AUCTIONEERS...........AUCTIONEER/APPLICANT =VERSUS= RAFIKI MICROFINANCE BANK LIMITED............................INSTRUCTING PARTY/1 ST RESPONDENT EPHRA AYIETA ONYANGO….………………………DEBTOR/2ND RESPONDENT RULING The court is taxing/assessing the auctioneers bill of costs dated 4/8/2021 as was prayed in the application of the even date. The same was canvassed by written submissions. I would tax/assess the same under part II of the Auctioneers Rules as follows; Item 1 – Upon receipt of warrants or letter of instruction kshs. 1,000/= allowed. It is drawn to scale per rule 1. Item 2 – Fees before attachment or repossession. Item drawn to scale. Amount of kshs. 4,000/= allowed as drawn.
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Item 3 - Taking inventory kshs. 3,900/= charged. Item not justified because it is not shown that any of the proclaimed goods were attached or insured as provided under Rule 10. Item is taxed off. Item 4- Auctioneer’s commission kshs. 14,241.18 charged against principal sum of kshs. 142,411.80. I calculate the same per Rule 5 as follows. First 100,000/= at 10% = kshs. 10,000/= Excess thereof at 5% 5/100 x 2,411.80 = kshs. 120.59 + 10,000 = 10,120.59 The rest is taxed off. Item 5 – Insurance -Nil Item 6 – Transport upon proclamation on 10/3/2020 Bungoma – Kisumu kshs. 45,739.20 charged. Rates used are AA rates (73.3 x 2 x 3 x 104 km). But because the type of motor vehicle used and its engine were not specified or any receipt or fuel voucher produced or even a work ticket, I would find use of those rates unjustified. Therefore, I will allow a sum of kshs. 10,000/= to represent reasonable taxi hire services. Item 7 – Security – Nil Item 8 – Storage – Nil Item 9 – Sale commission – Nil
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Item 10 – Other disbursements – Kshs. 3,400/= charged. Item not proved by receipts or any other relevant documents. It is taxed off. Item 11 – Filing fees on notice of appointment, bill of costs and submissions. I will allow this item at kshs. 500/- based on the receipts on record. Item 12 – Process server’s fees ( Bungoma to Rafiki Bank Offices) – kshs. 10,000 charged. Not proved by receipt and further to this no return of service is on record. Item 13 – Investigation Bungoma – Kisumu kshs. 5,500 charged. Reasonably charged compared to item 6 and is allowed. Total = 1000 + 4000 + 10,120.59 + 10,000 + 500 + 5500 = kshs. 31,120.59 Add 16% VAF = Kshs. 4,979.29 + 31,120.59 = Kshs. 36.099.90 only HON. R.B.N MALOBA SPM Ruling delivered in open court this 20th day of August 2026 In the presence/absence of; Respondent- Mr. Macharia Applicant- N/A for Mr. Otsiula R.B. N. MALOBA(MS)
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SPM
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