Sifuna & Sifuna Advocates v County Government of Trans Nzoia [2019] KEHC 3502 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

MISC. CIVIL. APPLICATION NO. 1 OF 2019

SIFUNA & SIFUNA ADVOCATES ..................................................APPLICANT

VERSES

THE COUNTY GOVERNMENT OF TRANS NZOIA...............RESPONDENT

RULING

1.  This is a reference by the Applicant against the decision of the Deputy Registrar's taxation in Constitutional Petition No. 4 of 2015 in regard to the party and party costs.  By her ruling dated 14th March 2019, the said Judicial Officer taxed the Applicant’s bill at kshs. 2,414,010.

2.  The Applicant being dissatisfied  with the said decision has filed in which this reference has impugned the same basically on the grounds that she did not consider the salient legal principles especially the value of the subject matter. What I understand to be the  complaint is on the instruction fees which was not in line with  the provisions of the scale provided in the remuneration order.

3.  The parties were directed to file written submissions which they have done so and to save on time there is no need to reproduce the same.

4.  I have read the ruling by the learned Deputy Registrar in detail as well as the attached decision of this court which yours truly decided.  The value of the subject matter is Kshs.185 million a fact known to the parties and is well contained in the pleadings.

5.  Having stated so it’s true as submitted by the Applicant that  that should form the basis of the instruction fees in line with Schedule 6 of the Advocates Remuneration Order rule 1(5) thereof. Considering the same therefore the proper fees payable should be kshs. 2,880,000 as rightly admitted by the respondents counsel before the Registrar.

6.  I do not think that it’s necessary to subject the bill to another officer for taxation as the law permit this court to undertake the same exercise if it considers expedient which in the circumstances I shall proceed to do. The rest of the items essentially have not been contested and it will not be necessary to delve into them.

7.  In the premises, the sum total of the bill as taxed shall be added the sum of Kshs. 1,880,000 and thus make a total of Kshs.4, 294,010. This actually is the difference left off by the Registrar.

8.  The other issues raised by the applicant in his affidavits as well as submissions are periphery in nature and this court shall not indulge over the same.

9.  The Respondent should thus pay a total sum of Kshs. 4,294,010 in full settlement. The Applicant shall have the cost of this application.

Dated, signed and delivered at kitale in open court this 26th June, 2019.

_______________

H.K CHEMITEI

JUDGE

26/6/19

In the presence of:-

Macheru holding brief for  Sifuna for the Applicant.

Karani for Respondent

Court Assistant – Kirong

Ruling read in open court.