1. On taking evidence on commission—

(a) for giving an appointment to take an examination

(b) for each hour or par of an hour occupied in taking the evidence

Note.— The party prosecuting the order, or his advocate, shall also pay interpretation and clerical fees, all reasonable travelling and other expenses, both of the examiner, including charges for the room (other than the examiner's chambers) where the examination is taken.

2. On a request made by a foreign court or tribunal for taking evidence within Kenya—

(a) on registering letter of request to take evidence

(b) on application under rule 1

(c) on order thereon

(d) other fees the same as those payable under rules for the time being in force relating to fees payable in High Court.

1. Sale of forms—

(a) Summons for directions (per form)

(b) Other forms

2. For taking particulars of plaint

3. On filing a plaint or counterclaim (save as may be otherwise provided for) where the subject matter involved—

(a) does not exceed Sh. 100

(b) exceeds Sh. 100, a fee of Sh. 50 together with an additional fee of Sh. 20 for every Sh. 100 or part thereof up to Sh. 2,000 and then an additional fee of Sh.10 for every additional Sh. 100 or part thereof up to Sh. 5,000 and thereafter an additional fee of Sh. 5 for every additional Sh. 100 or part thereof, the whole fee not to exceed Sh. 70, 000 subject in the high Court to a minimum fee of ...............

4. On filing an election petition of any nature —

(a) in the High Court ...........

(b) in a subordinate court .................

5. A hearing fee for every day or part of a day after the first two days during which the case is being heard before a judge or magistrate in court: to be paid as a further additional fee on the plaint or petition (or, if the Judge or magistrate so directs, on the counterclaim)–

(a) in the High Court ..........

(b) in the Resident Magistrate’s Court .........

(c) in all other courts .........

6. On submission of a special case—

(a) where the amount involved cannot be estimated ..........

(b) where the amount involved can be estimated— a fee as on a plaint in accordance with item 3.

Note.—If the subject matter has a pecuniary value, ad valorem fees are chargeable; if not, the fees is Sh. 1,500. If the subject matter has both a pecuniary and a non-pecuniary value, ad valorem fees on the pecuniary value only are chargeable.

7. On a reference to the High Court other than by way of appeal or review—

(a) if in chambers ............

(b) if in court ..................

7A. For listing of a matter “for mention” only unless the judge or magistrate otherwise directs ..............

8. In a suit where there is a claim for damages of an unspecified amount or where the amount involved in the suit cannot be estimated at a money value and no special fee is prescribed for that class of suit ......

Provided that—(i) where, and as soon as, the amount of damages or the amount otherwise involved in the suit is ascertained by judgment of the court or by agreement of the parties or otherwise, an ad valorem fee on the amount so ascertained shall be calculated in accordance with the scale in item 3 and, if that fee exceeds Sh. 1,500 the excess shall immediately become payable;(ii) where the Court has delivered a judgment which does not specifically state the amount of money involved in the judgment and parties cannot agree upon that amount, any party to the suit or the Registrar may apply to the court to assess the amount for the purpose of levying a fee under this Schedule and the court may assess the amount accordingly.

9. (a) On filing a plaint in a suit for arrears of rent by a landlord against a tenant where an order for the possession of the property occupied is sought from the tenant. }

An ad valorem fee of 15% on the yearly rental of the property in addition to the fee leviable for recovery of rent under item 3subject to a minimum of Sh. 1,500 andmaximum of Sh. 70,000.

(b) Where no rent is claimed but anorder for possession only is claimed. }

An ad valorem fee of 15% on the yearly rental value of the property, subject to aminimum of Sh. 1,500 to a maximum of Sh.70,000.

10. On an interlocutory application, including the filing of one or more affidavits in support .........Note.—Notices of motion are generally interlocutory but a notice of motion under Order XXXV, rule 1 is an application for final judgment and the fee is as prescribed in item 10A.

10A. For an application for summary judgment under Order XXXV in the High Court

11. On an application in the High Court for judgment under Order IXA which fee includes any fee on the decree and on any certificate of costs .....

12. On the filing of an application for judicial review for an order of mandamus prohibition certiorari or any application for a constitutional reference ..........Provided however that on filing of an application for enforcement of a judicial order or decree against a Government department, a fee of Sh. 1,500 shall be charged, and provided further that on filing an application for habeas corpus, a fee of Sh. 1,500 shall be charged.

13. (a) On a summons, motion, application or demand taken out, made or filed (not particularly charged and subject to item 10) ................Provided that no fee shall be chargeable on an application for execution of a decree where the amount sought to be recovered, including the costs of the application, is less than Sh. 300.

(b) On a decree or order (not particularly charged and subject to item 10)

(c) On an originating summons or originating motion, if the value of the subject matter can be determined, ad valorem fee under item 3(b) shall be charged; but if the value of the subject matter cannot be determined, a minimum fee of Sh. 1,500 shall be charged.(d) On application for stay of execution of a decree or order—

14. (1) On an application for the adjournment of a hearing of a suit whether or not by consent in the High Court—

(a) if made at the hearing or at any time after confirmation of the suit in the call over

(b) if made at he call over at request of the party making it ...............

(c) on an application for adjournment of an interlocutory summons, notice of a motion or any application made at the hearing thereof.

(2) On an application for adjournment in a subordinate court of a resident magistrate’s, principal magistrate’s or a chief magistrate’s court—

(a) if made at the hearing of a suit or within one month thereof .........

(b) on an application for adjournment of an interlocutory application if made at the hearing thereof ..........................

(3) In any other court on an application—

(a) for adjournment of a suit at the hearing thereof .............

(b) for adjournment of an interlocutory application at the hearing thereof ...............Provided that the Chief Justice, the presiding judge or magistrate or an officer designated by the Chief Justice may, on application in that behalf for good cause shown, remit all or part of such fee.

15. On the taking or passing of an account by an officer of the Court otherwise than in court unless the Judge or magistrate otherwise orders, minimum fee ...............

And in addition for every hour or part thereof after the first hour spent in taking or passing the account .....................Note.—This fee should not be charged until the account has actually been taken.

16. For service of a document on a party witness, assessor or other person—

(a) within two miles of the Court issuing it .................

(b) beyond that distance up to ten miles ...........

(c) over ten miles, in addition to the cost oftransport .......

(d) for service of a document within Kenya, at the request of a court or partly outside Kenya, in addition to any expenses incurred by the person serving the document ..........Provided that no court fee shall be charged in respect of service when a request therefor is received by the Registrar in relation to a civil matter pending before a court or tribunal in a foreign country with which a convention in that behalf has been made and applied to Kenya and is subsisting. The particulars of charges of the officer or agent employed to effect service shall be submitted to the Registrar who shall certify the amount properly payable in respect thereof.

16A. Issuing summons to enter appearance or any other summons not provided for ...

17. (a) On the issue of witness summons or notice (not particularly charged).

(b) On the issue of every order for execution such as a warrant of attachment or of sale of property or a warrant of arrest and of attachment of salary ...............

18. For attending to view, in addition to all other expenses incurred, unless otherwise ordered

19. On filing a bill of costs for taxation, drawn as between advocate and client or party and party, for every ten folios or part thereof .....................

20. On a deposit of a document or bundle of documents .............

21. On taking an affidavit or declaration (other than by a court process server deposing as to his service of a document) ...........

22. For every exhibit an affidavit or declaration ........

23. For attending elsewhere than at the offices of the Court to administer an oath or affirmation or to take a declaration in addition to the ordinary fee thereon ...........Provided that the distance travelled exceeds two miles such further fees as will cover the cost of the entire journey shall be charged.

24. (a) On balance of estate of deceased person paid into court.

(b) For superintending or taking an inventory.

(c) On deposit of any money or valuables in court.

(d) On money lodged in court otherwise than within the framework of an existing suit.

25. On payment of money into court in an action.

26. (a) On filing in the High Court consent of judgment ...............

(b) On filing in any court other that the High Court an application for entering ex parte and/or consent to judgment not otherwise provided for .......

27. (a) On filing in the High Court or the Resident Magistrate’s Court any other document for the filing where of no other special fees is prescribed .....

(b) On filing in any court other than High Court or the Resident Magistrate’s Court any other document for the filing whereof no other special fee is prescribed under this schedule .................Provided that no fee is payable on the filing of a letter of settlement save where herein otherwise provided.

28. For certifying or attesting a signature or seal on a document ..............

29. For attendance of an officer of the Court at a sale for each hour or part of an hour ..........

30. On reference to the archives—

(a) in a district Magistrate’s Court ..........

(b) in any other court ...........................

(c) in the Probate Registry, per calendar year of search ...........

31. For making a photocopy of any document in the archives: per foolscap page ..........

32. For making an uncertified copy of any document in the archives otherwise than by photocopy process: per foolscap page .

33. For certifying a copy of any documents in the archives or prepared outside the court per foolscap page or a part thereof.

34. All certificates not otherwise provided for ............

35. For official translation tendered by a party—

(a) for the first folio of 100 words or part thereof ..........

(b) for each subsequent folio or part thereof .......

36. for certifying a translation of any document—

(a) for the first folio of 100 words or part thereof ..........

(b) for each subsequent folio or part thereof ............

37. For every communication with a court or tribunal outside Kenya ..........Provided that no communication fee shall be chargeable for sending or returning a summons decree or notice to any court or tribunal outside Kenya where the fee prescribed in item 16(d) has been charged.

38. For every communication with another court or tribunal within Kenya, including communications relating to the transfer of cases from one registry to another (other than a reminder)........

39. On the filing of a recognisance, bail bond or surety ...........

40. (a) For taking a shorthand note of evidence in court or chambers there shall be payable by the party requesting the note (unless the Court otherwise directs) a fee per hour or part thereof .......

(b) For an uncertified copy of a transcript of the shorthand note—

(i) for the first copy per folio of 100 words or part thereof ........

(ii) for each additional copy per folio or part thereof .........

41. (1) For the execution of a warrant or service of process issuing from a civil court by the police, in addition to the ordinary court fees chargeable under any other item—

(a) for service in ordinary course of police patrol duty when no special journey is made—no fee other than the ordinary service fees under item 16;(b) for service by a police officer when a special journey is made at the request of the party on whose behalf the document is to be served or those of the advocate representing that party—

(i) when the distance the officer has to travel does not exceed two miles from the police station where he is stationed. .......

(ii) when the distance exceeds two miles at the rate laid down from time to time for Government officers using their own motor vehicles in the public service.

(2) For execution of civil warrants of arrest if that duty necessitates the absence of a police officer from his station for a longer period than six hours: for the first six hours and for each day or part of a day thereafter—

(a) for an officer of or above the rank of inspector...........

(b) for any other officer ....................

(3) In addition to the Court fees already prescribed in this paragraph, there shall be paid by the party requiring the services of a police officer, any necessary rail fares and mileage allowances at the rate laid down from time to time for Government officers using their own motor vehicles in the public service when the vehicle is used, which fares or allowances shall be paid to the police officer effecting the service and there shall be paid by the party to that police officer subsistence allowance to be determined by the Court.

42. On the estates of wards of court, minors or lunatics managed by the Court or trustee appointed by the Court, the charge for management per calendar year or part thereof shall be—

(a) if the capital value of the estates does not exceed Sh. 1,000

if the capital value of the estate exceeds Sh. 1,000 but does not exceed Sh. 5,000 ............if the capital value of the estate exceeds Sh. 5,000 a fee calculated on the capital value of the estate at 5 per cent.

(b) and, in every case, on the net annual income of the estate...................

Note.—The above fees shall not apply to the Public Trustee.

43. On a protest against a fee as assessed in the registry (returnable if the protest is upheld) ....

1. On presenting in a petition—

(a) to confirm an alteration in a memorandum

(b) to confirm the substitution of a memorandum and articles for a deed of settlement ............

(c) to sanction a re-organisation of capital ....

(d) to confirm a reduction of capital ...........

(e) to sanction a compromise or scheme of arrangement ................

(f) to restore a name to the register of companies ..................

(g) of such a nature as is not herein provided for

Provided that when a petition is presented under more than one of the above items, a fee of Sh. 300 only shall be paid in respect ofeach additional item after the first.

2. On an application for extension of time,for registration or for rectification of a registeror mortgages, or for the registration of anallotment of shares ...........

1. Save as otherwise provided, on appeal from any court or tribunal within Kenya to any other court or tribunal within Kenya (other than the Court of Appeal)—

(a) on filing a memorandum of appeal from any court, tribunal or other body from which an appeal lies to the High Court (save as otherwise provided) ...........

(aa) on filing an appeal from the Business Premises Tribunal or Rent Restriction Tribunal, minimum ...........

Provided if the yearly rental value can be ascertainedthe scale laid down in item 3 of Section I shall beapplicable subject to the said minimum.

(b) on appeals from orders in interlocutorymatters and motions ............

(c) on filing security for costs ......

2. On filing an application for review ofjudgment, half the fee payable on the originalplaint, but not to exceed Sh. 1,500.

1. On filing a petition (other than for a protection order)—

(a) to the High Court ....................................

(b) to a subordinate court..........................

2. On filing a petition for a protection order:a fee calculated under Section I upon the estimated value of the property to be protected.

3. Motions and chamber applications—

(a) filing fee .........................................

(b) fee on the order .............................

(c) for services: as under Section I.

4. On an application for a Registrar’s certificate of compliance ...........

5. On a decree nisi ............................

6. On an application for a decree absolute .........

7. On an order making a decree absolute

8. On a Registrar’s certificate that a decreehas been made absolute .......

9. Other fees: as prescribed in this Schedule.

1. On filing an application and supportingaffidavit ..............................................

2. On filing any other affidavit .................

3. On issuing summons for leave toregister .............................

4. On any other summons ......................

5. On the order of registration ...............

6. Other fees: as prescribed in this Schedule.

1. (a) On every summons or warrant issued at the instance of a private prosecutor (unless directed by court to be issued free of charge) ..........

(b) service fee: as item in 16 in Section I.

2. On hearing a private prosecution (unless otherwise directed by court) for the first day .................

For each subsequent day or part thereof .......................

3. On a warrant of commitment ...............

4. On an application to the High Court for revision (per person) ..............

5. On filing a petition of appeal—

(a) to the High Court ............................

(b) to a subordinate court ...........................Provided that the Judge or magistrate before whom the appeal is heard may waive these fees at his discretion.

6. On any other application to the Court or to a judge in chambers (per person) .................

1. Upon an examination and report .................

2. For photographing first copy .................

3. Additional copies, each ...........................

4. For enlarging, per copy .............................

5. For drawing points of comparison .........

6. Witness fees, attendance in court to give expert evidence, per day, or part thereof ..................

7. Such travelling expenses and allowances as have reasonably been incurred.