Please Wait. Searching ...
Kenya Medical Association Sacco Ltd v Nalwa (Tribunal Case 324 of 2019) [2023] KECPT 393 (KLR) (Civ) (15 June 2023) (Ruling)
Neutral citation:
[2023] KECPT 393 (KLR)
Republic of Kenya
Tribunal Case 324 of 2019
BM Kimemia, Chair, J. Mwatsama, Vice Chair, Beatrice Sawe, Fridah Lotuiya, P. Gichuki, Michael Chesikaw & Paul Otieno Aol, Members
June 15, 2023
Between
Kenya Medical Association Sacco Ltd
Claimant
and
Zakayo Wafula Nalwa
Respondent
Ruling
1Ruling on Bill of Cost dated 10th May 2021. The Bill of cost will be taxed as follows:1.Kshs. 1,663/= taxed off from the getting up fees Act. Under the Remuneration Orders, the get up fees should be 1/3 of the instruction fees. The instruction fees after taxation amount to Kshs. 121, 010/= hence 1/3 being Kshs. 40, 337/=.2.From the instruction fees Kshs. 4,990/= taxed off making the amount Kshs. 121, 010/= from Kshs. 126, 000/=.3.Items 3,4,6,7,9 and 10 are taxed off as these charges are included as part of the instruction fee as provided for under Schedule 11 Sub-section 5 of the Advocates Remuneration Order.The items amount to a total of Kshs.6,450/=.4.Affidavit of Service dated 26th August 2019 confirms the service in item 5, but no proof of payment has been provided to show that the payment of Kshs. 15,500/= for service is exaggerated, hence Kshs. 5,000/= is taxed off.5.Item 8 is struck off as there was no service of the Notice of Motion. Hence Kshs. 12, 500/= struck off6.The dates 3rd February 2021 and 16th April 2021 are non-existent in the proceedings and hence the attendance alleged in items 11 and 12 cannot be ascertained. Kshs. 1,400/= is taxed off.7.The disbursement in items 13,14 and 15 are not supported by any proof of payment and can therefore not be confirmed
2.The total amount taxed from the original amount of Kshs.219,250 claimed is Kshs. 42,903/=. Hence the amount to be awarded in the party-to-party cost is Kshs. 176,347/=.Bill of Cost dated 10th May 2021 taxed at Kshs. 176,347.00/=.
JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 15TH} DAY OF JUNE, 2023.HON. BEATRICE KIMEMIA CHAIRPERSON SIGNED 15.6.2023HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 15.6.2023HON. BEATRICE SAWE MEMBER SIGNED 15.6.2023HON. FRIDAH LOTUIYA MEMBER SIGNED 15.6.2023HON. PHILIP GICHUKI MEMBER SIGNED 15.6.2023HON. MICHAEL CHESIKAW MEMBER SIGNED 15.62023HON. PAUL AOL MEMBER SIGNED 15.6.2023Tribunal Clerk Jemimah/JonahNo appearance by the parties.Judgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 15.6.2023
