Mwaniki v Fortune Sacco Limited [2023] KECPT 855 (KLR)

Mwaniki v Fortune Sacco Limited (Tribunal Case 297 of 2019) [2023] KECPT 855 (KLR) (31 August 2023) (Ruling)

Neutral citation: [2023] KECPT 855 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 297 of 2019

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

August 31, 2023

Between

Joseph Muriuki Mwaniki

Claimant

and

Fortune Sacco Limited

Respondent

Ruling

1. The matter for determination is a Bill of Cost June 4, 2021, Amended Bill of Cost dated June 14, 2021 filed on 29. 7.2021. The same is opposed vide the reply dated 20. 5.2022.

2. We have considered the submissions of the parties in the Bill of Cost and the Response and note that the Claimant was acting in person up to the stage of Entry of Judgment. The advocate Gichuki Wanyohi & Company advocates filed a Notice of Appointment of advocates dated 4. 6.2021 after Entry of Judgment on 6. 5.2021. The advocate thereafter filed an Application dated 15. 7.2021. The advocate for the Respondent filed a Preliminary Objection dated 13. 7.2021. The Claimant filed written submissions dated 23. 11. 2021.

3. We note that the Claimant represented himself hence the matter is coming up for the assessment of costs as apposed to the taxation.

4. In assessment of costs, the Claimant having acted in person therefore should have provided the evidence of the amounts claimed in the said Bill of Costs. The assessment of the Party’s Bill of Cost is an accordance to the discretion of the Tribunal and based on the proof of the stated amounts. We therefore assess the said Bill of Cost as follows:1. Items 1-15 are hereby declined since there is no legal basis of the items, this being an assessment of costs incurred during the trial. These are therefore taxed at NIL.2. Items 16 and 17- the tribunal cannot assess costs of another court hence these items are taxed at NIL.3. Disbursements items 18, at Kshs. 3440/=, 21 at Kshs. 75/=, 23, at Kshs. 150/= are allowed total Kshs. 3665/= .4. (a)Items 19 at Kshs. 1500/=, 22 ,26,31,33 and 35 transport and lunch costs assessed at Kshs. 2000/= x 5 = Kshs. 10,000/=.(b)items 24,27,34,36 and 39 transport and lunch costs assessed at Kshs. 2000/=x5= Kshs. 10,000/=. Total Kshs. 21,500/= allowed. There is no proof of accommodation.5. Process server costs items 20,29 and 32 assessed at Kshs. 1400/= each x3= Kshs. 4200/= allowed.6. All the other items in the list have not been proved hence they are all taxed off at NIL.In summary, the Bill of Costs is assessed as follows:1. Item 1- NIL2. Item 2 – NIL3. Item 3- Kshs. 3665/=4. Item 4- Kshs. 21,500/=5. Item 5- Kshs. 4200/=Total Kshs. 29,365/=We therefore assess the Claimant’s costs at Kshs. 29,365/=.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 31ST DAY OF AUGUST, 2023. HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 31. 8.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 31. 8.2023HON. BEATRICE SAWE MEMBER SIGNED 31. 8.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 31. 8.2023HON. PHILIP GICHUKI MEMBER SIGNED 31. 8.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 31. 8.2023HON. PAUL AOL MEMBER SIGNED 31. 8.2023TRIBUNAL CLERK JEMIMAHKamau advocate holding brief for Kibue for the Respondent.Wanjohi advocate for the Claimant.