O M wanyama t/a Wanyama & Company, Advocates v Ikapel [2023] KEHC 26323 (KLR)

O M wanyama t/a Wanyama & Company, Advocates v Ikapel (Miscellaneous Application E042 of 2021) [2023] KEHC 26323 (KLR) (11 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26323 (KLR)

Republic of Kenya

In the High Court at Busia

Miscellaneous Application E042 of 2021

WM Musyoka, J

December 11, 2023

Between

O M wanyama t/a Wanyama & Company, Advocates

Applicant

and

Beatrice Awino Ikapel

Respondent

Ruling

1. The application for determination is dated 29th July 2021, seeking the setting aside of the taxation on 30th June 2021, of the Advocate/Client Bill of Costs, and its remission to the taxing officer for taxation. The background given, on the face of the application, and in the supporting affidavit, is that the taxing officer, Hon. PY Kulecho, Deputy Registrar, made an error during taxation, when she failed to investigate the appeal file, and the replying affidavit to the Bill, before deciding to adopt the figure of Kshs. 25,200. 00.

2. I see, on the record, a letter that the applicant wrote to the taxing officer on the matter, dated 14th July 2021; and the reply to it by the taxing officer, dated 15th July 2021, wherein she stated that the value of the subject-matter of the appeal had not been disclosed to the taxing officer.

3. There is proof, by way of affidavits of service, that the application was served on the respondent. It has never been responded to, and the respondent never attended court, either personally or through her Advocates, on the dates when the matter came up. The application is, therefore, undefended and unopposed.

4. I am, however, unable to determine the application at this stage, without sight of the appeal file, as I am being referred to material in that file, which the taxing officer is said not to have considered. Let the Deputy Registrar put that file together with the instant file. The matter will be mentioned on 19th December 2023, for compliance and further directions.

DATED AND SIGNED IN CHAMBERS, AND DELIVERED BY EMAIL, AT BUSIA THIS 11THDAY OF DECEMBER,2023. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Wanyama, instructed by Wanyama & Company, Advocates for the applicant.