The Defendant's application dated 09.02.2023 is premature as the Plaintiff's Bill of Costs dated 18.04.2022 has not been taxed. It is the duty of the Deputy Registrar when dealing with the Bill of Costs to determine the nature and extent of costs given the order that was issued capping costs. It is only after the costs have been determined that the issue of capping will be determined. The Deputy Registrar shall proceed with the taxation of the Plaintiff's Bill of Costs.
Costs in the cause.
DATED and DELIVERED at NAIROBI this 13th day of MARCH 2023
D. S. MAJANJA
JUDGE