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Original judgment

Achieng & others v Owino (Civil Case E202, 206, 209, 210, 211, 212, 216, 217, 218 & 221 of 2025 (Consolidated)) [2026] KEMC 607 (KLR)

REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA CIVIL CASE NO. E202 206 209 210 211 212 216 217 218 221 OF 2025 CATHERINE MILLICENT ACHIENG & OTHERS…………………………………..PLAINTIFF 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. E202, E206, E209, E210, E211, E212, E216, E217, E218, and E221 all of 2025 (“the series”) since the said Bills of Costs seek similar costs arising from similar proceedings. 2. Items 1 – 2, 4 – 6 and 8 were assessed as drawn since the same were drawn to scale. Service 3. Items 3 in all the 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. Court Fees 4. Items 7 in all the Bills of Costs in the series were assessed at Kshs. 500/= each per the court fees receipts on record. 5. Items 9 in all the 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 6. 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. 63,800/= each. Read, signed, and delivered in open court at Bungoma, this 21st day of July 2026 T.O. OMONO SENIOR RESIDENT MAGISTRATE

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In the presence of: Mr. Okara for the Plaintiff Mr. Choni for the Defendant C/A: Mr. Rioba

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