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…Thereafter, the Applicant sought determination of costs by filing a Party and Party Bill of Costs, leading to an Additional Award on Costs dated 16th July 2024.…

…The Tribunal awarded the Applicant the assessed costs and the costs of the additional award. 4. Despite collecting the award and notifying the Respondent, it has failed to pay the costs due to the Applicant.…

…The grounds in support of the application are that the costs were taxed and a certificate of costs issued accordingly and no reference challenging the taxed costs has been taken out nor application filed for setting aside…

…The advocate/client bill of costs has since been taxed and a certificate of costs issued and the same is annexed to the supporting affidavit.…

…The costs of the application be provided for.…

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

…of the Civil Procedure Act on the award of costs being discretionary.…

…They sought that the plaintiff's suit should stand withdrawn and costs be awarded and that the Bill of Costs be placed for taxation before the Registrar.…

…THAT in the alternative to (iii) above, this Honourable Court be pleased to strike out the Advocate-Client Bill of Costs dated 7.03.2025 with costs to the Respondent.…

…The Respondent has stated that he learned later that the Applicant had filed an Advocate-Client Bill of Costs dated 7 th March .2025 (the Bill of Costs) in the present matter, which in his view, is not only premature but…

…JUDGMENT Judgment on certificate of costs 1.…

…That having finalised the two cases, the court taxed the advocates/ client costs and certificates of the said costs were issued.…

…The only issue for determination is the issue of costs. 7.…

…; “The Court has discretion as to whether costs are payable by one party to another, the amount of those costs and when they are to be paid.…

…The defendants had a right to be heard in the bill of costs and having filed submissions, it was a misdirection on the part of the taxing master to hold that the bill of costs was unopposed. c.…

…That so as to accord the defendants an opportunity to be heard in the bill of costs, it is only fair and just that the ruling of 13th March 2024 be set aside and the bill of costs dated the 21st June 2023 be remitted back…

…The Applicants also seek costs and interest on the taxed sum from 25.4.25 until payment in full. 2.…

…The certificate of costs was issued pursuant to the taxation of an advocate/client bill of costs dated 25.4.25 arising from Malindi CMCC No. E102 of 2022 Asha Said Kazungu v Occidental Insurance Company Limited. 3.…

…[b] The costs of the application be paid to the applicant by the respondent together with interest on the taxed sum. [2] The application was predicated on the grounds that the Advocate/Client costs due to the applicant herein…

…Waweru, J. held: “Taxation of costs whether those costs be between party and party or between advocate and client is a special jurisdiction reserved to the taxing officer by the Advocates Remuneration Order. …

…[b] The costs of the application be paid to the applicant by the respondent together with interest on the taxed sum. [2] The application was predicated on the grounds that the Advocate/Client costs due to the applicant herein…

…Waweru, J. held: “Taxation of costs whether those costs be between party and party or between advocate and client is a special jurisdiction reserved to the taxing officer by the Advocates Remuneration Order. …

…Parties did not however agree on costs. At their request, the matter was scheduled for mention on 26th June 2025 so that parties address the Court on costs.…

…In response, Ms Omari learned Counsel for the Plaintiff submitted that costs usually follow the event and that an unsuccessful party bears costs.…

…That no reference challenging the taxed costs has been taken out by the respondent.…

…The Bill of Costs was taxed on 28th May 2025 in the sum of KShs 74,475/= (Seventy Four Thousand, Four Hundred and Seventy-Five Shillings only and a certificate of costs issued.…

…The Supreme Court stated as follows: “The purpose of the security for costs order was to alleviate the concerns of potential difficulties in seeking to recover costs.…

…The costs protected the defendant or a respondent against the risk that a costs order made in its favour may be rendered ineffective by the plaintiff’s impecuniosity.…

…"Costs in the cause" means that the costs of those interlocutory proceedings are to be awarded according to the final award of costs in the action.…

…If the plaintiff wins and gets an order for his costs, he gets those interlocutory costs as part of his costs of the action against the defendant.…

…The only issue left for determination is the question of costs. This court directed the parties to agree on costs but negotiations did not yield any positive results.…

…The law governing costs is well settled.…

…at a rate of 14 percent per annum on disbursements and costs from one month from the delivery of the bill of costs upon the respondents being 10 th November, 2022; c) That the costs of the application be awarded to the Applicant…

…The Bill of Costs concerned an Advocate/Client Bill of Costs between the Parties arising from High Court Family Division Succession Cause No. 306 of 2013 , in the matter of the Estate of Elizabeth Nduta Ngoru. 5.…

…The next question is who is to bear the costs.…

…Although there is eminent good sense in the 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 Supreme Court further clarified that the purpose of a security for costs order is to protect a party from the prospect of incurring unrecoverable costs in litigation brought against it, and to guard against frivolous…

…The practical effect is that, absent a security for costs order, Oxychem risks being drawn through prolonged and expensive litigation with no realistic prospect of recovering its costs should it ultimately prevail.…