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Original judgment

Ogola v Otieno & another (Civil Case 122 of 2020) [2026] KEMC 779 (KLR)

Ogola v Otieno & another (Civil Case 122 of 2020) [2026] KEMC 779 (KLR) (27 August 2026) (Ruling) Neutral citation: [2026] KEMC 779 (KLR) REPUBLIC OF KENYA IN THE ELDORET LAW COURTS CIVIL CASE 122 OF 2020 ME ALIGULA, RM AUGUST 27, 2026 BETWEEN JOSHIA OGOT OGOLA ............................................................................ PLAINTIFF AND EMILY OTIENO ................................................................................ 1ST DEFENDANT JOHN OTIENO OKELLO ............................................................... 2ND DEFENDANT RULING 1. The plaintifi filed his party- and- party bill of costs dated 25th May, 2026. the bill of costs was served upon the defendant as per the return of service sworn on 3rd July, 2026 by Zablon O. Bikeri. When the matter came up for taxation on 15th July, 2026 both parties were present Mr Kutto Counsel for the defendant sought time to file a response to the said bill of costs and a further taxation date was issued for 26th August 2026. The defendant failed to file a response or attend court on that date. The court shall proceed and assess the bill of costs as follows: 2. The judgement sum is ksh 186,000/-. A subject value of ksh 186,000/- falls within the ksh 100,000 to 200,000; hence the instruction fees are kshs 40,000/- 3. Items b, d,e, f, g, h i, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y, z, aa, bb, cc, dd, ee, gg, hh, jj, ll, oo, pp are taxed as drawn. 4. Item c taxed at ksh 10,000/- 5. Item fi taxed at kshs 9200/- 6. Items ii, kk, each taxed at ksh 2100/- 7. Item mm, taxed at ksh. 7,000/- 8. Item, nn taxed at ksh 4200/- https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/779/eng@2026-08-27 1

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9. Items qq and rr each taxed at ksh 2,100 10. The bill of costs at taxed at ksh 155,555/- 30 days stay of execution is granted. RULING DATED, SIGNED AND DELIVERED ELECTRONICALLY AT ELDORET THIS 27TH DAY OF AUGUST 2026. M.E ALIGULA - RESIDENT MAGISTRATE https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/779/eng@2026-08-27 2

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