Muita v Thiririka Farmer’S Cooperative Society Limited & another [2022] KECPT 902 (KLR)

Muita v Thiririka Farmer’S Cooperative Society Limited & another (Tribunal Case 265/E047 of 2021) [2022] KECPT 902 (KLR) (16 December 2022) (Ruling)

Neutral citation: [2022] KECPT 902 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 265/E047 of 2021

BM Kimemia, Chair, J. Mwatsama, Vice Chair & M. Mbeneka, Member

December 16, 2022

Between

Francis Kamau Muita

Claimant

and

Thiririka Farmer’S Cooperative Society Limited

1st Respondent

James Gituro

2nd Respondent

Ruling

1. The matter for determination is a Bill of Cost dated February 23, 2022. The Respondent filed a Ground of Opposition dated February 23, 2022. The parties filed written submissions on September 7, 2022 dated July 5, 2022 and April 1, 2022 respectively.

2. On item 1 instruction fees, the Claimant sought for Kshs 200,000/= under this heed. That the matter was complex in nature and the advocate spent many hours on research. The Respondents submitted that the matter was not complex and that the Claimant is only entitled to the base minimum of Kshs 30,280/=. The Claimant submits that this figure is below the recommended amount of Kshs 35,280/=.

3. We have considered the submissions of the parties against the prayers in the Statement of Claim. We find that the Tribunal had no jurisdiction to entertain prayer a and b and the Claimant amended the claim and added prayer c and d, the Claimant withdrew the claim by consent of parties.

4. In this regard, we find that an amount of Kshs 35,280/= is applicable and the same is granted.1. The item 1 is taxed at Kshs 35,280/=.2. On items 2,3,4,5 and 6, the items have been drawn to scale hence granted.3. On items 7 and 8 service – we find that the proposed amounts are reasonable and grant Kshs 2000/= for each item.4. For item 10 - disbursement- Kshs 3610/= for fees is allowed.5. Item 9 is taxed off an inapplicable.

We therefore tax off the bell at Kshs 45, 390/=.Ruling signed, dated and delivered virtually at Nairobi this 16th day of December, 2022. Hon. Beatrice Kimemia Chairperson Signed 16. 12. 2022Hon. J. Mwatsama Deputy chairperson Signed 16. 12. 2022M. Mbeneka Member Signed 16. 12. 2022Tribunal Clerk J. MutaiOngato advocate for the Claimant.Jesse Kariuki for Respondent presentJesse Kariuki – We pray for stay of execution for 45 days.Ongato advocate – We are willing to accept 30 days.Tribunal- 30 days stay of execution granted.Hon. J. Mwatsama Deputy chairperson Signed 16. 12. 2022