Wanyama t/a Wanyama & Company Advocates v Ikapel [2023] KEHC 26547 (KLR) | Taxation Of Costs | Esheria

Wanyama t/a Wanyama & Company Advocates v Ikapel [2023] KEHC 26547 (KLR)

Full Case Text

Wanyama t/a Wanyama & Company Advocates v Ikapel (Miscellaneous Application E041 of 2021) [2023] KEHC 26547 (KLR) (11 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26547 (KLR)

Republic of Kenya

In the High Court at Busia

Miscellaneous Application E041 of 2021

WM Musyoka, J

December 11, 2023

Between

OM Wanyama T/A Wanyama & Company Advocates

Applicant

and

Beatrice Awino Ikapel

Respondent

Ruling

1. The application for determination is dated July 29, 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 made an error during taxation, when she failed to consider increasing the taxed costs by one half.

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 July 15, 2021, wherein she concedes that there was a mistake in failing to increase the instructions fees by half as provided in law, and suggesting that the error could be cured through section 99 of the Civil Procedure Act, Cap 21, Laws of Kenya.

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 on the dates when the matter came up, either personally or through her Advocates. The application is, therefore, undefended.

4. The matter is fairly straightforward. The Bill was taxed, but the wrong principle was applied, a fact that the taxing officer concedes, in her letter to the applicant, dated 15th July 2021. Consequently, I hereby allow the application, dated 29th July 2021, in its entirety.

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.