REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT AT BUNGOMA CIVIL CASE NO. E181 OF 2025 GIDEON JUMA WAFULA……………......…. ……………………………………...PLAINTIFF VERSUS YUNNAH INTERNATIONAL CONSTRUCTION COMPANY LIMITED……..DEFENDANT 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 02nd December 2025. 2. Items 2, 4, 6, 7 (a),(b) and (d) as well as 14 are assessed as drawn since the said items were drawn to scale. Instruction Fees 3. Schedule 7 of the Advocates (Remuneration) Order (ARO) provides for a minimum instruction fees of Kshs. 40,000/= where the value of the subject matter is Kshs. 156,550/=. Considering the time taken to conclude this case and the nature of the case, item 1 is assessed at Kshs. 45,000/=. Service 4. Item 5 is assessed off for want of proof. Attendances 5. Item 7 (c) is assessed at Kshs. 1,400/= per Schedule 7(6) of the ARO given that no hearing took place on that occasion. Disbursements 6. Given that the witnesses reportedly paid by the Plaintiff to testify before this court did not state in their testimony that the Plaintiff had paid them to attend court, items 8 – 11 are assessed off for want of proof. 7. Item 12 is assessed at Kshs. 500/= per the court fees receipt on record. 8. Item 15 is assessed off since that expenditure is yet to be incurred by the Plaintiff. In any event, such costs are recoverable during execution upon proof of payment. DETERMINATION 9. The upshot of the foregoing is that the Plaintiff’s Party and Party Bill of Costs dated 02nd December 2025 is assessed at Kshs. 62,300/=.
page 1 of 2
Read, signed, and delivered in open court at Bungoma, this 23rd day of July 2026 T.O. OMONO SENIOR RESIDENT MAGISTRATE In the presence of: Ms. Chebet for the Plaintiff Mr. Choni for the Defendant C/A: Mr. Rioba
page 2 of 2