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…This ruling determines the question of costs of the Petition.…

…costs are to be paid.…

…On costs, Rule 26 of the Mutunga Rules states as follows: - (1) The award of costs is at the discretion of the Court. (2) In exercising its discretion to award costs, the Court shall take appropriate measures to ensure that…

…basic rule of costs – that costs follow the event – it is not an invariable rule and, indeed, the ultimate factor on award or non-award of costs is the judicial discretion.…

…The costs of the application be provided for.…

…of the Respondent’s application which was dismissed with costs to the Objector/Applicant.…

…E001A of 2023 and that the bill of costs was reviewed and re-taxed by the Judge on 14th June 2023 at KShs 119,900 and a certificate of costs re-issued and served upon the Respondent.…

…In terms of Section 51 (2) of the Advocates Act, the certificate of costs is final as to the quantum of costs due.…

…(c) There is no provision in law for a party and party costs arising out of an advocate/client bill of costs.…

…(d) In any event the entire bill of costs is misconceived as no costs were awarded to the client/applicant. 4.…

…A Certificate of Costs dated 18th April 2024 was subsequently issued thereof which has not been set-aside and/or altered.…

…The Client/Respondent pleaded that the Advocate/Applicant was not entitled to any 14% interest on the taxed Bill of Costs.…

…A Certificate of Costs dated 18th April 2024 was subsequently issued thereof which has not been set-aside and/or altered.…

…The Client/Respondent pleaded that the Advocate/Applicant was not entitled to any 14% interest on the taxed Bill of Costs.…

…Who pays the costs?…

…The applicant has submitted that the cause of action arose after the taxation of his bill of costs.…

…The withdrawal was not opposed, but the 1st Respondent sought its costs. This Court thereupon directed the parties to file written submissions on the question of costs. 7.…

…The 2nd and 3rd Respondents and the Interested Party did not file any written submissions in respect of costs, nor did they seek any costs. The Petitioner's Submissions 8.…

…That the costs of this reference be provided for.…

…It is premised on inter alia the following grounds that vide the Bill of Costs dated 30th January 2024, the Respondent's Advocate filed an Advocate - Client Bill of Costs seeking the sum of Kshs. 374,297.20 as costs.…

…Costs of this Application to be provided for.…

…ISSUE NO. 4- WHO BEARS THE COSTS OF THE PRESENT APPLICATION?…

…Additionally, the court is asked to strike out and/or dismiss the advocate-client bill of costs dated January 11, 2023. e) The costs of this application be awarded to the Applicant. 2.…

…Subsequently, the Respondent moved the court to adopt this Certificate of Costs as the Judgment and Decree of this court so it could recover its costs.…

…While costs follow the event, the liability to pay such costs must be considered in light of the capacity in which the litigants participated in the proceedings.…

…In the present case, the order of this Court merely stated that the Petition was dismissed with costs to the Respondents and the Interested Parties.…

…dated 25th September 2024 be set aside and the Bill of Costs be taxed afresh. b)   In the alternative, the bill of costs be taxed in the sum of Kshs 315,868.67 for the 1st Respondents bill of costs dated 5th February 2024…

…the taxed costs as per the Certificate of Costs dated 7th October 2024.…

…It is based on the grounds that the sum of Kshs. 32,744/= is the amount taxed costs for professional work done by the Plaintiff for the Respondent. The said taxed costs neither been set aside nor altered by this court.…

…This suit for recovery of the taxed costs. The Defendant has no defence to the claim by the Plaintiff for his taxed costs.…

…It is based on the grounds that the sum of Kshs. 103,800/= is the amount taxed costs for professional work done by the Plaintiff for the Respondent. The said taxed costs neither been set aside nor altered by this court.…

…This suit for recovery of the taxed costs. The Defendant has no defence to the claim by the Plaintiff for his taxed costs.…

…(c) Whether the taxing officer erred in principle in taxing and allowing the respondent’s bill of costs at Kshs.2,685,481.67. (d) Who shall bear costs of the reference. D.…

…Who shall bear the costs of the application 20.…

…As far as the applicant is concerned, the advocate/client costs should be either the "Party and Party Costs", increased by one-half, or alternatively the "agreed costs" increased by one-half.…

…Thus, the applicant believes that at no time should the Advocate/Client costs ever be less than the Party and Party Costs.…

…It is mate on the grounds that the sum of Kshs.134,287.47 is the amount taxed costs for Professional work done by the Plaintiff tor the Defendant. The said taxed costs neither been set aside nor altered by this Court .…

…This suit for recovery of the taxed costs. The Defendant has no defence to the claim by the Plaintiff for his taxed costs.…