Edwin Kipng`Eno Rono v Kenyatta Matibabu Sacco Ltd & Andrew K. Rotich [2021] KECPT 282 (KLR)

REPUBLIC OF KENYA

IN THE COOPERATIVE TRIBUNAL AT NAIROBI

CAUSE NO 352 OF 2012

DR. EDWIN KIPNG`ENO RONO..............................................................CLAIMANT

VERSUS

KENYATTA MATIBABU SACCO LTD..........................................1ST RESPONDENT

ANDREW K. ROTICH.....................................................................2ND RESPONDENT

RULING

1. The matter for determination is the Applicant`s Bill of Cost dated 19th January 2021 which relates to the judgment of the Honorable Tribunal delivered on 26th February 2020 and the Statement of Claim dated 14th/ 8/2012 as amended on 3/10/2016.

2. The Claimant in the Statement of Claim prayed for various orders from the Tribunal inter alia, reversal of transactions for which the Honorable Tribunal could not ascertain hence the judgment. The upshot thereof, was that the value of the subject matter could not be ascertained. The Tribunal however awarded costs for which it is now invited to assess and tax.

3. Section 27 of the Civil Procedure Act Laws of Kenya as read together with Schedule 11 of the Advocates (Remuneration) Amendment Order 2014 empowers the Tribunal to award and assess Bill of Costs and as such the Applicant`s Bill of Cost shall be assessed as follows;

4. Item1; Rule 9 of the 11th Schedule of Advocates (Remuneration) Amendment Order provides that where the value of the subject matter cannot be ascertained then the court shall have discretion to award costs. In such an instance, Rule 3 of the same Schedule provides various factors that the taxing officer should take into consideration before taxing. The honorable tribunal has taken consideration of all such factors in the circumstances of this case and awards the Applicant Ksh.70,150/= for instruction fees.

5. Further Rule 5 of the 11th Schedule provides that the instruction fees shall include taking instruction, drawing, perusals, engrossing documents and filing the same as such, items 2, 3, 4, 6 ,7 ,9, 11, 12, 13, 14, 15, 17, 19, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 33, 35, 36, 37, 38, 40, 41, 42, 44, 45, 46, 47, 49, 50, 51, 53, 54, 55, 57, 58 ,59, 61,62, 64, 66, 68, 70, 72, 73, 75, 77, 78, 80, 82, 83, 84, 85 86, 87, 91, 92, 93, 95 and 97 are hereby declined as the same are all covered under item 1 for reasons already explained.

6. Items 5, 8, 10, 16, 20, 24, 30, 32, 39, 43, 48, 52, 56, 60, 63, 67, 69, 71, 74, 76, 81, 90, 94 and 96 are in respect of service of various documents. These however, are not provided for under Schedule 11 of the Remuneration order and neither did the Applicant provide receipts of the same, for these reasons, the same are disallowed.

7. Under items listed in B, the Tribunal is guided by Rule 10 of the 11th Schedule as such, the tribunal assess and tax them as follows;

8. Items 1, 2, 3, 4, 6, 17 and 24 are assessed and taxed at Ksh.500/= each for reasons that the attendance were not hearing. Items 8 and 11 are assessed and taxed at Ksh.4000/= each as the same came for full hearing. Items 9, 10, 14, 15, 16, 18, 20, 21, 25 and 26 are assessed and taxed at Ksh,2100/= each for reasons that they were part hearing.

9. Under items listed in C, the tribunal takes note of various receipts and items 1, 2, 3, 4, 6, 8, 9, 10 and 12 are allowed as drawn.

10. The upshot of this assessment is therefore that the honorable tribunal assesses and awards the Applicant a total cost of Ksh.106,730/=

RULING SIGNED, DATED AND DELIVERED VIRTUALLY  AT NAIROBI THIS 19TH DAY OF AUGUST, 2021.

Hon. B. Kimemia   Chairperson   Signed  19. 8.2021

Hon. J. Mwatsama  Deputy Chairperson Signed  19. 8.2021

Mr. Gitonga Kamiti   Member   Signed  19. 8.2021

Tribunal Clerk   R. Leweri

No appearance

Hon. B. Kimemia   Chairperson   Signed  19. 8.2021