REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE'S COURT AT BUNGOMA MISC. APPL. NO. E588 OF 2021 DICKSON OMONDE T/A DIMONDE AGENCIES AND AUCTIONEERS...........AUCTIONEER/APPLICANT =VERSUS= RAFIKI MICROFINANCE BANK LIMITED............................INSTRUCTING PARTY/1 ST RESPONDENT CHARLES MWANGI NDUNG’U………………………DEBTOR/2ND RESPONDENT RULING The auctioneer filed the application dated 4/8/2021 seeking taxation/assessment of his bill of costs also dated 4/8/2021. The bill was canvassed by written submissions. It was urged by the auctioneer that the bill was drawn to scale and should be allowed as presented/drawn at kshs. 303,749.80. I proceed to assess the bill as hereunder;
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Item 1 – Upon receipt of warrants/letter of instruction drawn to scale and so it is taxed at kshs. 1000/=. Item 2 – Fees before attachment, item is drawn to scale. It is assessed at kshs. 4,000/=. Item 3 – Taking inventory – kshs. 4,300/= taxed off because there is no evidence that goods were transported or insured as provided for under part II Rule 10 of the Auctioneers Rules. Item 4 – Auctioneers commission on kshs. 1,097,022. This is the amount that was in arrears at the time the respondent instructed the auctioneer to repossess the charged motor vehicle. Rule 4 of part II applies as hereunder; 10% on first 1,000,000 = kshs. 10,000/= 5% of excess thereof 5/100 x 997,022 = kshs. 49,851.10 Total 10,000 + 49,851.10 = 59,851.10. Item 5 – Insurance – Nil Item 6 – transport to proclaim on 15/3/2018 Bungoma- Nairobi – Ngong hills. Auctioneer have claimed kshs. 212, 423 using a AA rates @ 73.3 x 2 x 3 x 483km.
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However, he did not disclose the motor vehicle he used or its engine capacity. Further to that, there is nothing like a fuel voucher, receipt or work ticket to show that the journey was by private car. In the circumstances, I would decline to adopt the above formula. Instead, I would allow sum of kshs. 25,000/= for this item as reasonable taxi hire charges. Item 7 – Security – Nil Item 8 – Storage – Nil Item 9 – Sale commission – nil Item 10 – Other disbursements ( printing, accommodation, food). No receipts provided and so this item is struck off entirely. Item 11 – Filing of; a. Bill of costs 325 kshs. b. Notice of Appointment – 75 kshs. c. Submissions – 75 kshs. I will allow this item at kshs. 500/= on the basis of the receipt on record. Auctioneer paid kshs. 500/= for this bill.
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Item 12 – Process server’s fees kshs. 10,000/= charged. As no proof of service was provided, this item is struck off. Item 13 – Investigation – Bungoma – Nairobi Ngong Hills – kshs. 8,300 charged. I will allow this item since it is reasonable when compared with item 6. Total allowed = 1000 + 4000 + 59,851.1 + 25,000 + 500 + 8,300 = Kshs. 98,651.10 + 15, 758.176 = Kshs. 114,435.27 only. HON. R.B.N MALOBA SPM 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) SPM
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