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Original judgment

Matere & another (Suing as the Legal Representatives of the Estate of Daniel Wafula Kundu - Deceased) v Siro (Civil Suit E499 of 2024) [2026] KEMC 689 (KLR)

REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA CIVIL SUIT NO. E499 OF 2024 JULIET NASIMIYU MATERE & SYLVESTER KUNDU NAKITARE (Suing as the Legal Representatives of the Estate of DANIEL WAFULA KUNDU (Deceased) ………………………………………………………………................PLAINTIFFS VERSUS RICHARD MAKORI SIRO.... ………………………………………………...DEFENDANT RULING 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 14th May 2026. 2. Items 1, 2,5,6,8,10, and 12 – 23 were assessed as drawn since the said items were drawn to scale. Service 3. Item 3 was assessed at Kshs. 2,000/= considering the distance between Bungoma and Malaba. 4. Item 4 was assessed off for want of proof. Attendances 5. Items 7 and 9 were assessed off since neither the Plaintiff nor his counsel attended court on those occasions. 6. Item 11 was assessed at Kshs. 1,400/= schedule 7(6) of the Advocates (Remuneration) Order (ARO), given that the hearing did not take off. Disbursements 7. Item 24 was assessed off for want of proof. DETERMINATION 8. The upshot of the foregoing is that the Plaintiff’s Party and Party Bill of Costs dated 04th May 2026 is assessed at Kshs. 163,100/=. Read, signed, and delivered in open court at Bungoma, this 09th day of July 2026 T.O. OMONO

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SENIOR RESIDENT MAGISTRATE In the presence of: Mr. Shikhu for the Plaintiff Mr. Choni for the Defendant C/A: Rioba

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