Wanjiru v Biashara Sacco Society Limited [2023] KECPT 1049 (KLR)

Wanjiru v Biashara Sacco Society Limited (Tribunal Case 567 of 2016) [2023] KECPT 1049 (KLR) (30 November 2023) (Ruling)

Neutral citation: [2023] KECPT 1049 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 567 of 2016

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

November 30, 2023

Between

Peter Mwangi Wanjiru

Claimant

and

Biashara Sacco Society Limited

Respondent

Ruling

1. The matter for determination is Bill of Cost dated 2. 5.2023. The same is objected vide the Response dated 11. 7.2023. We have considered the Bill of Cost as per the provision of Schedule II Advocate Remuneration Order 2014 and tax the bill as follows:1. Item a Instruction Fees taxed off at Kshs. 100,000/= this being a claim of Kshs. 675,544/=.2. Item b on Attendances, the same is hereby taxed off as per the markings on the Bill of Cost with 11 attendances at Kshs. 2100/= each total Kshs. 23,100/=, 9 attendances at Kshs. 500 each total Kshs. 4500/= and 1 attendance at Kshs. 4000/= total Kshs. 31,600/=.3. Disbursements item c is not disputed hence allowed at Kshs. 74,100/=.4. Item d is not supported hence taxed at NIL.5. Item e Decree and Certificate of Costs taxed at Kshs. 300/=.We therefore find that the Bill of Cost is taxed at Kshs. 206,000/=.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY OF NOVEMBER, 2023. Hon. Beatrice Kimemia Chairperson Signed 30. 11. 2023Hon. J. Mwatsama Deputy Chairperson Signed 30. 11. 2023Hon. Beatrice Sawe Member Signed 30. 11. 2023Hon. Fridah Lotuiya Member Signed 30. 11. 2023Hon. Philip Gichuki Member Signed 30. 11. 2023Hon. Michael Chesikaw Member Signed 30. 11. 2023Hon. Paul Aol Member Signed 30. 11. 2023Tribunal Clerk JonahOdek Advocate for the ClaimantMs. Wanjiru holding brief for Mr. Nganga advocate for the Respondent.Ruling as read out.Hon. J. Mwatsama Deputy Chairperson Signed 30. 11. 2023