RULING ON TAXATION
The bill of costs before me for taxation arises out of the above appeal heard by the Court and judgment delivered on 9th October, 1996 in which the appellant partly succeeded and was awarded one fifth of the costs of the appeal.
Mr. Odera Counsel for the respondent objected to items 5 and 7 of the bill on the grounds that the amounts of Khs.20,000/= and 30,000/= respectively paid to S.K. Ndungi Esq. advocate and indicated on the bill of costs as legal and consultation fees should be disallowed as Mr. Ndungi was not on record and that the scales of costs do not show any item of costs for an Advocate who never appeared. He said the amount claimed to have been paid to Mr. Ndungi was not only exorbitant but the advocate took advantage of the appellant and the respondent should not be held responsible. Mr. Odera said the amount is much higher than what the appellant would have paid an advocate to prepare and argue the appeal for him.
He submitted that the fee paid for legal…