REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE'S COURT AT BUNGOMA MISC. APPL. NO. E590 OF 2021 DICKSON OMONDE T/A DIMONDE AGENCIES AND AUCTIONEERS...........AUCTIONEER/APPLICANT =VERSUS= RAFIKI MICROFINANCE BANK LIMITED............................INSTRUCTING PARTY/1 ST RESPONDENT MEDICHAE OBIMOH OKOTH………………………DEBTOR/2ND RESPONDENT RULING The court is assessing the auctioneer’s bill of costs dated 4/8/2021. I proceed to asses the bill of costs as follows: Item 1- Drawn to scale., It is taxed at kshs. 1,000/=. Item 2 – Fees on attachment – kshs. 4,000/=. Drawn to scale and is taxed at kshs. 4,000/= Item 3 – Taking inventory – kshs. 4,900/= charged. As no evidence was furnished to show that any goods were transported or insurance on them taken, I would tax off this items, Item 4 – Commission on kshs. 953,012.20, kshs. 52,650.61 per rule 4, fees on this item is calculated as follows;
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First 100,000 10% thereof = kshs. 10,000/= Excess thereof – 5 x 853,012.20 = kshs. 42,650.61 Total = kshs. 42,650.61 = kshs. 10,000 + 42, 650.61 = kshs. 52,650.61 Item 5 – Insurance -Nil Item 6 – Transport upon proclamation on 18/8/2020 – Bungoma town-Ugunja ( 73.3 x 2 x 3 x 93 – kshs 40.901.40 There being no evidence of type of vehicle used, its engine capacity, receipt of voucher for fuel or work sheet , I would reduce this amount to kshs. 10,000/= representing reasonable taxi service hire. Item 7 – Security – Nil Item 8 – Storage – Nil Item 9 – Nil Item 10 – Other disbursements – kshs. 3,400 charged for food, accommodation, printing). In abence of receipt, this amount is taxed off. Item 11 – Filing fees ( Notice of appointment, submissions, bill of costs and advocates fees) kshs 500/= allowed on this item based on filing fees receipts on record.
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Item 12 – process service fees ( Bungoma to Rafiki Bank Officers) – kshs. 10,000/- charged. No evidence of service availed and or any affidavit of service filed. It is taxed off. Item 13 – Investigation – Bungoma – Ugunja kshs. 5,600 charged. Same reasonable when weighed against item 6 and is allowed a drawn. Total = kshs 73,250.60. Add VAT = 73,250.60 + 11,720.10 = Kshs. 84,970.70 only HON. R.B.N MALOBA SPM Ruling delivered in open court this 20th day of August 2026 In the presence of; Respondent- Mr. Macharia Applicant- N/A for Mr. Otsiula R.B.N. MALOBA(MS) SPM
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