NYAMOGO & NYAMOGO ADVOCATES v KENYA BUS SERVICES LTD [2007] KEHC 579 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

MISC CIV APPLI 23 OF 2003

NYAMOGO & NYAMOGO ADVOCATES ……...... APPLICANT

V E R S U S

KENYA BUS SERVICES LTD. ………………. RESPONDENT

R U L I N G

This is a Ruling on a reference made to this court by way of a Chamber Summons pursuant to paragraph 11(1) and (2) of the Advocates (Remuneration) (Amendment) Order 1983 from the decision of the Taxing Master E. O. Obaga made on 23-8-2005.  The grounds on which the Reference was made are set out in the said Chamber Summons.  The Applicant’s grievance relates to items 14, 20, 22, 23, 26, 27, 28, 29, 30, 34, 36, 40 and 43 in the applicant’s Bill of Costs dated 22-72005  which the Applicant avers were wrongly taxed and low figures of remuneration given as particularized in the Chamber Summons in grounds 1 to 13.

When the reference came up for hearing before me, the learned counsel for the Applicant, Mr. Ochieng Nyamogo, appeared.  The Respondent was not represented although it was served.

In a nutshell, Mr. Nyamogo’s submission in this matter was that the Taxing Master ignored or disregarded the submissions of the Applicant’s advocate and the fact that the Bill was not opposed.  He contended that the Taxing Master had no discretion to award less costs in item 1 as the Bill was under Schedule VI and the Motion was in the High Court and fees accrued to it.  He referred to the case of Joreth Ltd, C.A. Appeal No. 66 of 1999 and to NKU HC MISC. Application No.86 of 2002 which, he said, demonstrate that instructions fees must be awarded as required by the Remuneration Order.

Mr. Nyamogo took issue with the decision of the Taxing Master on item 14 of the Bill as well as on items 20, 22, 24, 27, 28, 29, 34, 36 and 40.

I have perused the application and considered the submissions of Mr. Nyamogo.  I am persuaded that the decision of the Taxing Master was not in accord with the Advocates Remuneration Order.  I hereby set aside the decision of the Taxing Master on the items complained of and order the items to be taxed again.  It is so ordered.

Delivered, dated and signed at Kakamega this 8th day of November,  2007

G. B. M. KARIUKI

J U D G E