REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA CIVIL SUIT NO. E161 OF 2025 GABRIEL MUTORO LUBISIA…………………………………………..PLAINTIFF VERSUS TRIDENT INSURANCE COMPANY……………………………………….DEFENDANT RULING 1. This ruling determines the Plaintiff’s Party and Party Bill of Costs dated 22 nd January 2026. 2. Items 1, 2-3 & 8 were drawn to scale; thus, the said items were assessed as drawn. 3. Item 5 was assessed of for want of proof. Service 4. There was no documentation to prove the expenditure of Kshs. 10,000/= claimed in item 4. However, there is evidence on record of service of the pleadings upon the Defendant in Nairobi. In the circumstances, the court exercised its discretion and assessed item 4 at Kshs. 4,000/=. 5. Service in item 6 was via e-mail. In Aoro v Were (Miscellaneous Reference Application E019 of 2022) [2022] KEHC 14628 (KLR), Aburili, J rendered herself as follows on the cost of service via e-mail:
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53.The starting point herein is to point out that whereas order 5 of the Civil Procedure Rules relates to service of summons, it applies mutatis mutandis to service of other court processes, which include applications and related documents. This provision, it should be noted, was necessitated by the advent of Covid-19 pandemic which made it impossible for personal and even postal service of documents or court processes. 54.For the above reasons, I hold that service via e-mail is still service and draws an award of Kshs. 1,400 in line with Paragraph 10 of schedule 7 of the Advocates Remuneration Order. I find no error on the part of the taxing officer in awarding the respondent items 9,10,24,33,38,41,42,45 as drawn. Accordingly, the objection thereto is found to be devoid of any merit. 6. Guided by the authority above, item 6 was assessed at Kshs. 1,400/=. 7. Item 7 was assessed off since the Taxation Notice was served together with the Bill of Costs in item 6 via e-mail. Attendances 8. Items 9 & 11 – 13 were assessed at Kshs. 1,400/= each per schedule 7 (7)(6) of the ARO. 9. The hearing session in item 10 did not take a full day. Therefore, item 10 was assessed at Kshs. 2,100/= per schedule 7 (7) (ii) of the ARO. DETERMINATION 10.The upshot of the foregoing is that the Plaintiff’s Party and Party Bill of Costs dated 22nd January 2026 is assessed at Kshs. 206,000/=. READ, SIGNED and DELIVERED in open court at Bungoma this 24th day of February 2026
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T.O. OMONO SENIOR RESIDENT MAGISTRATE In the presence of: Ms. Wanyama for the Plaintiff C/A: Mr. Rioba
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