Mweyu & another v Owino (Civil Case E213 & E215 of 2025 (Consolidated)) [2026] KEMC 606 (KLR)

REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA CIVIL CASE NO. E213 & E215 OF 2025 ERICK FITONJE MWEYU & ANOTHER………………………………………...PLAINTIFFS VERSUS ANDREW OMONDI OWINO……………………….……….…………………DEFENDANT RULING 1. This ruling determines the Plaintiffs’ Party and Party Bills of Costs dated 24th April 2026 filed in Bungoma CMC CC Nos. E213 and E215 all of 2025 (“the series”) since the said Bills of Costs seek similar costs arising from similar proceedings. 2. Items 1 – 2, 4 – 6 (a),(b),(d) and (f) as well as item 8 were assessed as drawn since the same were drawn to scale. Service 3. Items 3 in both Bills of Costs in the series were assessed at Kshs. 1,400/= each per Schedule 7(10)(i) of the Advocates (Remuneration) Order (ARO), given that the Plaintiff failed to provide the particulars of the place where service of the Plaint and Summons to Enter Appearance was conducted. Attendances 4. Items 6(c) and 6(e) in both Bills of Costs in the series were assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO given that no hearing took place on those occasions. Court Fees 5. Items 7 in both Bills of Costs in the series were assessed at Kshs. 500/= each per the court fees receipts on record. 6. Items 9 and 10 in both Bills of Costs in the series were assessed off since those claims are yet to be incurred by the Plaintiffs at the time of assessing the costs due to the Plaintiffs. In any event, such costs are recoverable during execution upon proof of payment. DETERMINATION 7. The upshot of the foregoing is that the Plaintiffs’ Party and Party Bills of Costs dated 24th April 2026 filed in the series were assessed at Kshs. 85,300/= each. Read, signed, and delivered in open court at Bungoma, this 23rd day of July 2026

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