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TITUS KIONDO MUYA v. PETER NJOROGE BAIYA, ROBERT K. MUNGAI & ELECTORAL COMMISSION OF KENYA

(2009) JELR 96704 (CA)

Court of Appeal  •  Civil Application 182 of 2009  •  25 Sep 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, John walter Onyango Otieno

Judgement

RULING OF THE COURT

Following the striking out of Election Petition No. 31 of 2008, in which the applicant herein, Titus Kiondo Muya, was challenging the election of Peter Njoroge Baiya, the 1st respondent herein, as the member of Parliament for Githunguri Constitutiency in 2007 parliamentary and presidential elections, the 1st respondent filed his bill of costs. In that bill he claims a sum of Kshs. 3,000,000 as instruction fees to defend the petition, and a further sum of Ksh. 300,000 as instruction fees to file an application for an order striking out that petition, which application was successfully argued and hence the striking out of the petition. The bill was taxed by a Deputy Registrar of the superior court who awarded KShs. 1 million, and Ksh. 50,000 respectively, as instruction fees to defend the petition and instruction fees for presenting and prosecuting the aforesaid application. The applicant was aggrieved and referred the taxation to a judge in chambers. Waweru, J heard …

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