P. M. WAMAE & CO. ADVOCATES V. NTOITHA M'MITHIARU

RULING OF THE COURT

1. The applicant herein filed an Advocate/Client bill of costs seeking Kshs. 8,731,711.14/= for services rendered to the respondent in High Court Election Petition No. 1 of 2003 at Meru. The bill of costs was taxed at Kshs. 3,236,343.68/=. Aggrieved by the said taxation, the respondent filed a reference in the High Court which was dismissed vide a ruling dated 17^th January, 2013. It is that decision which provoked Civil Appeal No. 17 of 2013 in this Court.

2. In support of the appeal that was before us, the respondent contended that the applicant’s retainer was based on a letter dated 20^th March, 2003 written by the applicant. In the said letter, the applicant confirmed that it was offering its services on a voluntary basis to the respondent’s sponsoring party, National Rainbow Coalition (NARC); the respondent would only be required to pay a concessionary fee of Kshs. 400,000/=; in the event the Petition succeeded, further fees would be recovered by the applicant fro…