Wafula v Musani (Civil Suit E313 of 2024) [2026] KEMC 866 (KLR) (3 September 2026) (Ruling) Neutral citation: [2026] KEMC 866 (KLR) REPUBLIC OF KENYA IN THE BUNGOMA LAW COURTS CIVIL SUIT E313 OF 2024 TO OMONO, SRM SEPTEMBER 3, 2026 BETWEEN MOSES JUMA WAFULA ........................................................................... PLAINTIFF AND ISAAC KWEMOI MUSANI .................................................................. DEFENDANT RULING 1. This ruling determines the Plainti’s Party and Party Bill of Costs dated 14th July 2026. 2. This court has given due regard to the said Bill of Costs herein as well as the Defendant’s Grounds of Opposition dated 27th August 2026. 3. The items opposed by the Defendant are assessed hereunder. Instruction Fees 4. Item 1 is assessed as drawn since the same is drawn to scale per Schedule 7(5) of the Advocates (Remuneration) Order (ARO). Filing Fees 5. Item 2 is assessed o given that ling of an Adavit of Service does not attract any court ling fees. 6. Item 7 is assessed as drawn since the court fees receipt on record supports that claim. Service 7. The Defendant conceded that service in item 3 was via e-mail. However, he took issue with the Plainti’s claim for Kshs.1,400/= by averring that the Plainti neither travelled nor incurred expenses during service via e-mail. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/866/eng@2026-09-03 1
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8. This court disagrees with the Defendant’s position that no expenses are incurred during service via email since time, internet resources or bundles, and human involvement are required for that kind of service. Therefore, the Plainti is entitled to costs for service via e-mail. 9. Schedule 7(10)(iii) of the ARO provides that the court should award a party the actual charges incurred where service is conducted by means other than physical service. It is impossible to compute the actual cost of service via e-mail. 10. However, in Aoro v Were (Civil Appeal E024 of 2022) [2022] KEHC 11185 (KLR), Aburili J held as follows on this issue: “ 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. 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…” 11. Guided by the authority above, item 3 is assessed as drawn. Attendances 12. Items 10 and 11 are assessed at Kshs. 1,400/= each per Schedule 7(6) of the ARO. Determination 13. Given the reasons above, the Plainti’s Party and Party Bill of Costs dated 14th July 2026 is assessed at Kshs. 14,600/=. READ, SIGNED, AND DELIVERED IN OPEN COURT AT BUNGOMA, THIS 03RD DAY OF SEPTEMBER 2026 T.O. OMONO SENIOR RESIDENT MAGISTRATE In the presence of: Mr. Anwar for the Plainti Ms. Awuor for the Defendant C/A: Mr. Rioba https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/866/eng@2026-09-03 2
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