Mwanika & another v Mbege & 2 others [2024] KECPT 225 (KLR)

Mwanika & another v Mbege & 2 others (Tribunal Case 61 of 2020) [2024] KECPT 225 (KLR) (7 March 2024) (Ruling)

Neutral citation: [2024] KECPT 225 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 61 of 2020

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

March 7, 2024

Between

Madelyne Mwanika

1st Claimant

Carolyne Murenga

2nd Claimant

and

Lodenyi Margaret Mbege

1st Respondent

Billy Masitsa Mugami

2nd Respondent

Invest & Grow Sacco Society Limited (IG)

3rd Respondent

Ruling

1. The matter for determination herein is the 3rd Respondent’s Party and Party Bill of Costs dated 6th April 2022 and filed at the Tribunal on 6th July 2023. The Bill was duly served to the Claimant’s advocate who did not file a response thereto. Determinationi.Instruction fees:The 3rd Respondent has charged Kshs. 132,000/= allegedly on a claimed based on a loan of Kshs. 2,500,000/= .We find that the value of the subject matter herein cannot be ascertained due to the nature of claim. We shall therefore consider the instructions fees and costs on other criteria as set out under Schedule II A (4) of the Advocate’s Remuneration Order.We find that this is a matter or normal complexity which proceeded to hearing and judgment. We therefore exercise our discretion to tax the instruction fees at Kshs. 100,000/=ii.Attendances:We have taxed the attendances as per clause 10 of part A of Schedule II of the Advocates Remuneration Order and in exercise of our discretion, tax the Attendance Costs as follows:On 7. 10. 2020 Kshs. 1200/=On 5. 11. 2020 Kshs. 500/=On 8. 12. 2020 Kshs. 1200/=On 11. 02. 2020 Kshs. 1200/=On 12. 05. 2020 Kshs. 1200/=On 13. 10. 2020 Kshs. 2100/=On 7. 12. 2021 Kshs. 2100/=On 7. 2.2022 Kshs. NIL ( no appearance by parties)On 7. 4.2022 Kshs. 500/=Total Kshs. 10,000/=iii.Service :We exercise our discretion and tax the costs of each service at Kshs. 2400/= thereby arriving at a total of Kshs. 9600/= under this head.iv.Filing fees:We tax the filing fees as charged at a total of Kshs. 1070/= the only variance being the cost of filing the Bill of costs which we tax at Kshs. 375/=.

ConclusionThe Bill of Costs is taxed at the total sum of Kshs. 120,670/=.

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 JemimahNo appearance by parties.Ruling delivered.Hon. Beatrice Kimemia Chairperson Signed 7. 3.2024