Introduction
[1] Before me is an Advocate-Client Bill Costs dated 19th October 2022 arising out of Mavoko CMCC 226 of 2020. Hon. Ochanda DR had taxed the Bill at Kshs. 25,270. The Advocate/Applicant objected thereto and by a ruling delivered on 16th September 2024, Olel J directed that the costs be re-taxed by the Chief Magistrate. The court directed that the parties file submissions on the Bill of Costs. At the time of taxation, only the Advocate had filed the same.
Fees
[2] Applying the Advocates (Remuneration) (Amendment) Order 2014, Schedule 7 for proceedings before the Subordinate Courts, I tax the Bill as follows:
Item 1 is instructions to file suit on behalf of the Plaintiff, where the Trial Court awarded Kshs. 206, 300. The Applicant seeks Kshs. 65,000. Legal Notice No. 45 for 9th May 2014 amended the scale prescribed in the 2009 Remuneration order by deleting it and substituting it with one that provides for Kshs. 45,000 on a Lower Scale and Kshs. 65,000 on a Higher Scale for awards of between Kshs. 200,000 and Kshs. 500,000. This was a defended matter where, according to the remuneration scale, the Higher Scale applies for Party and Party costs under Part A. This is Kshs. 65,000. Part B of Schedule 7 provides for the increase of costs awarded under Part A by 50%, for Advocate Client costs. Half of Kshs. 65,000 is Kshs. 32,500. In the Bill of Costs, the Applicant has proposed a figure of Kshs. 32,000 in Item 2. I award the same, yielding Kshs. 97,000 for instruction fees.
[3] In Item 3, the Applicant seeks Kshs. 1,400 for attending court for pre-trial directions on 27th August 2020. Paragraph 6 of Part A provides for Kshs. 1,400 on any necessary attendance before a Magistrate in court or chambers. The Applicant is entitled to this payment in the circumstances.
[4] In Items 4 and 5, the Applicant prays for Kshs. 2,100 each for attending court on 29th October 2020 and 10th March 2021 for the hearing when the matter did not proceed. Paragraph 8 of the Scale provides for Kshs. 2,100, where costs of adjournment are awarded. I cannot ascertain whether costs of adjournment were granted on the two occasions, as the Applicant did not confirm this. I opt to treat these events as attendance before the court and award Kshs. 1,400 for each item, there being no indication of the award of adjournment costs.
[5] Item 6 is a claim for Kshs. 2,100 for attending court on 16th June 2021 when the court heard the plaintiff. Item 7 is Kshs. 5,000 for the hearing of the defence case on 23rd September 2021. Paragraph 7 provides for Kshs. 5,000 for the first whole day and Kshs. 2,100 for each part after the first. The claim is therefore on scale, Kshs. 5,000 being for the first day and Kshs. 2,100 for the hearing of the defence case.
[6] In Items 8, 9 and 10, the Applicant seeks Kshs. 1,400 each for attending court for mention, submissions and judgment on 9th October 2021, 24th February 2022 and 24th March 2022. The claims are on scale and are awarded.
[7] I award Kshs. 111,100 for fees.
Disbursements
[8] Disbursements are ordinarily expenses incurred by an advocate on behalf of the client. Disbursements must be proved by evidence, in the form of receipts or petty cash vouchers. The claims that are supported by documents are Item 11 Kshs. 5,000 for a medical report, Item 12 Kshs. 2,815 filing fees for plaint, Item 14 Kshs. 5,000 for service of summons, Item 15 Kshs. 225 court fees for filing a reply to the defence and other documents, and Item 20 Kshs. 10,000 doctor’s court attendance charges.
I tax off Items 16, 17, 18, 19 and 21. The total award for disbursements is Kshs. 21, 170.
[9] On a perusal of the record, I came across a letter dated 31st of August 2022 by the Advocate to the Advocates' Complains Commission where he tabulated the total amount owed to the Client on the decretal sum. There was a deduction of Kshs. 86,390 as expenses incurred by the advocate, leaving a balance of Kshs. 116, 910. I will factor in the amount already received by the advocate. The total bill is Kshs. 132,270 minus Kshs. 86,390. The Bill of Costs is taxed at Kshs. 45,880.
C.C. Oluoch Chief Magistrate
In the presence of:
Court Assistant-Catherine
Mr Mochama, Advocate/Applicant
No appearance for the Respondent