Kamore v Travellers [2024] KECPT 215 (KLR)

Kamore v Travellers (Tribunal Case 423 of 2017) [2024] KECPT 215 (KLR) (7 March 2024) (Ruling)

Neutral citation: [2024] KECPT 215 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 423 of 2017

BM Kimemia, Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

March 7, 2024

Between

Moses Kamore

Claimant

and

Forward Travellers

Respondent

Ruling

1. The matter before us for determination is the Respondent’s Party and Party Bill of Costs dated 17th October, 2022 filed on 9th November 2022. The main suit herein was summarily dismissed with costs for want of prosecution and non-appearance; therefore, the lower scale is applicable in computing the costs, in terms of clause 4 of Schedule II of the Advocate’s Remuneration Order. We assess Instruction Fees at Kshs. 58,800/= as the subject matter could not be ascertained.The matter herein was of normal complexity, hence we shall assess the costs to scale.We have assessed the costs of instructions to defend an Application at Kshs. 3000/= as the Application, is not a suit; and the instructions are all inclusive.We decline to award any sum on VAT as the same is not chargeable on party and party costs.

2. We tax the Bill of Costs as follows:i.Instructions fees Kshs. 58,800/=ii.Defence of application Kshs. 3000/=iii.Attendances Kshs. 18,000/=iv.Disbursements Kshs. 1,475/-Total Kshs. 81,275/=The Party and Party Bill of Costs dated 17th October, 2022 is thus taxed at a total sum of Kshs. 57,755/=.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 7TH DAY OF MARCH, 2024. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 7. 3.2024HON. BEATRICE SAWE MEMBER SIGNED 7. 3. 2024HON. FRIDAH LOTUIYA MEMBER SIGNED 7. 3.2024HON. PHILIP GICHUKI MEMBER SIGNED 7. 3.2024HON. MICHAEL CHESIKAW MEMBER SIGNED 7. 3.2024HON. PAUL AOL MEMBER SIGNED 7. 3.2024Tribunal Clerk JemimahMung’uti advocate for RespondentNo appearance for Claimant.HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 7. 3.2024