Masibo v Masinde & another [2023] KECPT 1053 (KLR)

Masibo v Masinde & another (Tribunal Case 170 of 2020) [2023] KECPT 1053 (KLR) (30 November 2023) (Ruling)

Neutral citation: [2023] KECPT 1053 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 170 of 2020

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

November 30, 2023

Between

Fredrick Masibo

Claimant

and

Benson Masika Masinde

1st Respondent

Stima Sacco Society Limited

2nd Respondent

Ruling

1. The matter for determination is Bill of Cost dated 25. 10. 2021. There was no response despite service.The Bill of Cost is hereby assessed under Schedule II Advocate Remuneration Order 2014 and tax the bill as follows:1. Item 1 and 2 instruction fees is hereby taxed at Kshs. 58,800/=since the matter as claimed was not a complex matter. Total Kshs. 58,800/=.2. Item 2 is taxed off at NIL since its not provided for under schedule II.3. All items on attendance (a) 5,7,8,11,12,13,14,15,16 are hereby taxed at Kshs. 500/= each total Kshs. 4500/=.(b)item 9 and 10 are assessed at NIL(c)item 6 is taxed at Kshs. 2100/=.Total Kshs. 6600/=4. Items on service 18,19-24 are each assessed at Kshs. 1000/= x7= Kshs. 7000/=.

2. We therefore tax the Bill of Cost at Kshs. 76,900/= total.

3. This assessment to apply to CTC.NO. 170 and 194 of 2020.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF NOVEMBER, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 30. 11. 2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 30. 11. 2023HON. BEATRICE SAWE MEMBER SIGNED 30. 11. 2023HON. FRIDAH LOTUIYA MEMBER SIGNED 30. 11. 2023HON. PHILIP GICHUKI MEMBER SIGNED 30. 11. 2023HON. MICHAEL CHESIKAW MEMBER SIGNED 30. 11. 2023HON. PAUL AOL MEMBER SIGNED 30. 11. 2023In presence of:-No appearance by partiesSikuta advocate for the Claimant.