Mugo v Mungania Tea Growers Sacco Ltd [2023] KECPT 1032 (KLR)

Mugo v Mungania Tea Growers Sacco Ltd (Tribunal Case 47 of 2011) [2023] KECPT 1032 (KLR) (30 November 2023) (Ruling)

Neutral citation: [2023] KECPT 1032 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 47 of 2011

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

November 30, 2023

Between

Nelson Njururi Mugo

Claimant

and

Mungania Tea Growers Sacco Ltd

Respondent

Ruling

1. The matter for determination is Respondent’s Bill of Cost dated 23. 7.2020. There was no response filed by the Claimant.

2. The same is taxed vide the provisions of Schedule II Advocate Remuneration Order.1. Items on Instructions Fees assessed at Kshs. 58,800/=.2. Items 2,3,and 10 are included in item 1 of Instructions Fees hence taxed off at NIL.3. Items on Attendance 4,6,and 8 at Kshs. 2100/= each total Kshs. 6300/= and items 10,17 and 18 at Kshs. 500/= total Kshs. 1500/= total Kshs. 7800/=.4. For the Transport and Subsistence items 5, 7 and 9 are included in items 4, 6 and 8 and there are no receipts filed as proof hence taxed at NIL.5. Items 11,12,13,14, and 15 are allowed as prayed total Kshs. 435/=

3. We therefore find that the Bill of Cost is taxed at Kshs. 67,035/=

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. PAUL AOL - MEMBER SIGNED 30. 11. 2023TRIBUNAL CLERK - JONAHMs. Ndugu holding brief for Ariithi advocate for the RespondentNelson Mugo – No appearanceMugambi Njeru advocate for Claimant- No appearanceHON. J. MWATSAMA - DEPUTY CHAIRPERSON SIGNED 30. 11. 2023