Joseph v County Sacco Limited & another [2025] KECPT 228 (KLR)

Joseph v County Sacco Limited & another (Tribunal Case 190/E001 of 2022) [2025] KECPT 228 (KLR) (27 March 2025) (Ruling)

Neutral citation: [2025] KECPT 228 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 190/E001 of 2022

BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & M Chesikaw, Members

March 27, 2025

Between

Bosco Ireri Joseph

Claimant

and

County Sacco Limited & another & another & another

Respondent

Ruling

1. The matter for determination of Respondents Bill of Cost dated 20/12/2023.

2. The parties filed Written Submission, the Claimants written submission dated 23 / 12/ 2024 and 1st Respondent Written Submission dated 15/10/2024.

3. We have carefully communicated the written submission of the parties and hereunder tax the said Bill of Cost under schedule 11 Advocate Remuneration Order .1. Item 1 instructions fees for the amount claimed taxed at Kshs. 35,280/= to defer the claim for permanent injunction prayer is taxed at Kshs. 35,280/=2. Instruction 8 act on behalf of Respondent and fully counter claim for sum of Kshs 425,185/= is hereby taxed out 50% of Ksh58,800/= amounts to Kshs 29,400/=.3. Attendances items 3,4,5,6,7,8 and 9 are taxed at Kshs 500/= each total Kshs. 3500/=4. Attendances items 10,11,12,13,14 and 15 are taxed at Nil each, there being No proof of attendance of matters, the matter having come up for mention in those instances.5. Service of memo items 16. 19 and 20 have been proved and hereby taxed at Kshs 1,500/= each total Ksh4,500/= items 17,18 are not proved and are taxed at NIL.6. Disbursements-n items 21,22,23,24 and 25 are hereby allowed and taxed as pleaded total Kshs 10,743/=.7. Damages – items 26,27and 28 are met provided for under the schedule hence taxed at NIL.8. Other Costs being fully of Bill of Cost Kshs 350/= allowed as prayed together until service thereof at Kshs 1500/= total Ksh1850/= items 31 taxed at Kshs 500/= and item 32 taxed at NIL total for this Ksh2,350/=

4. The Bill of Cost is therefore taxed at Kshs. 88,123/=

5. Orders to Apply to CTC E002/2022

RULED AND DELIVERED THIS 23/3/2025 IN THE PRESENCE OFRULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 3.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 3.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 3.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 3.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 3.2025Tribunal Clerk JonahMs. Njagi Advocate holding brief for the Joe Kathogo for the RespondentWinnie Ngigi advocate for Applicant – no appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025