B. Mbai & Co. Associates v Invesco Assurance Co. Ltd [2023] KEHC 25973 (KLR)

B. Mbai & Co. Associates v Invesco Assurance Co. Ltd (Civil Miscellaneous Application E196 of 2021) [2023] KEHC 25973 (KLR) (Civ) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 25973 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Miscellaneous Application E196 of 2021

AN Ongeri, J

December 1, 2023

Between

B. Mbai & Co. Associates

Applicant

and

Invesco Assurance Co. Ltd

Respondent

Ruling

1. The application coming for consideration in this ruling is the reference dated 3/12/2021 brought under paragraph 11(2) and 4 of the Advocates (Remuneration) Order, Article 159 (2) (d) of the Constitutionof Kenya.

2. The applicant is contesting the bill of costs on the following grounds;i.Thatthe decision of the Taxing Officer dated 16th September 2021 on the Bill of Costs herein dated 23rd April 2021 be set aside and the bill of costs be placed before a different taxing officer for taxation.ii.Thatthe applicant be granted an extension of time within which to file this application and the same be deemed to have been filed in time.iii.Thatin the alternative to prayer 2, the Honourable court exercises its inherent jurisdiction and be placed to re-tax the bill of costs dated 23rd April 2021 afresh and/or make directions to a fresh taxation.iv.That the costs of this application be provided for.

3. The parties did not file any submissions.

4. The Taxing Master ought to have increased the bill of costs by half as provided under Schedule VII of the Advocates Remuneration Order.

5. I increase the instructions fees by half (12,600).

6. Tax the bill at 63,667. 00.

7. The rest of the items are taxed to scale.

8. The client to pay the advocate kshs.63,667. 00.

9. The costs of the reference to be paid by the client.

DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 1ST DAY OF DECEMBER, 2023. ..............................A. N. ONGERIJUDGEIn the presence of:……………………………. for the Applicant……………………………. for the Respondent