A NEW DIRECTION IN TAXATION OF BILL OF COSTS: INSIGHTS FROM THE SUPREME COURT’S LANDMARK JUDGMENT IN PETITION NO. E011 OF 2023

A NEW DIRECTION IN TAXATION OF BILL OF COSTS: INSIGHTS FROM THE SUPREME COURT’S LANDMARK JUDGMENT IN PETITION NO. E011 OF 2023

The recent decision by the Supreme Court in Petition Number E011 of 2023 between Kenya Airports Authority -vs- Otieno Ragot and Company Advocates has generated a heated debate in legal circles. This is due to the ripple effects the decision will likely cause on the issue of taxation of Advocate-Client Bill of Costs.

The Petitioner herein, (Kenya Airports Authority) appealed a decision by the Court of Appeal, wherein the Court held that the value of the
subject matter, in the matter at hand, had been determined when the Party-Party costs were taxed and a certificate of costs issued on 15th July, 2010 and further that the instruction fees are to be deduced from the pleadings where the Plaintiffs had sought a specified sum/figure in the plaint, even if the matter was determined at a preliminary stage.

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