Wambua & 4 others (Suing as the Chairman and officials of Mangelete Community Intergrated Development Orogramme - MCIDP) v Maingi & 3 others (Suing as the former members of Mangelete Community Intergrated Development Orogramme - MCIDP) (Civil Case 116A of 2023) [2026] KEMC 280 (KLR)
The bottom line
#Withdrawing a lawsuit cost the plaintiffs Ksh. 121,500 in court-ordered costs, showing withdrawal still carries real financial consequences.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.The costs payable to the defendants by the plaintiffs following the withdrawal of the suit
Key legal issues
#Assessment of party and party costs on withdrawal of a defended, unliquidated claim
Since the suit was defended, the higher scale applied and the court awarded Ksh. 65,000/= as party and party costs, above the Ksh. 50,000/= ceiling for undefended suits but below the Ksh. 450,000/= claimed
The plaint was for an injunction and other orders with no liquidated sum. Paragraph 1 of the 7th Schedule to the Advocates Remuneration Order applies the lower scale to undefended cases and the higher scale to all others. As a defence was filed, the higher scale applied; the suit was not complex, so the court tempered the award at Ksh. 65,000/=.
Proof of disbursements (court fees, service, attendances, decree and application costs)
Court fees awarded at Ksh. 14,000/= per receipts on file; service reduced to Ksh. 5,000/= for want of full proof; 20 attendances at Ksh. 1,400 each awarded as Ksh. 28,000/=; decree and certificate costs Ksh. 500/=; costs on three decided applications at Ksh. 3,000/= each totalled Ksh. 9,000/=
The court perused the physical file and the Case Tracking System where the parties had not attached proof, including payment receipts and an affidavit of service sworn by Isaac Makau Malonza. It adjusted each claimed item to what the record substantiated, noting that service between represented parties is mostly by e-mail between law firms.
Legal principles established
#- Where a suit is defended, the higher scale under the Advocates (Remuneration) Order applies to party and party costs, and in a defended suit the maximum of Ksh. 50,000/= applicable to undefended suits may be exceeded in the court's discretion
- In awarding costs, the Court shall be guided by the Advocates (Remuneration) Order
Court orders
#- 1.Costs payable to the defendants assessed at a total of Ksh. 121,500/= comprising: party and party costs on higher scale Ksh. 65,000/=; court fees on suit Ksh. 14,000/=; service of court process Ksh. 5,000/=; court attendances Ksh. 28,000/=; costs on applications Ksh. 9,000/=; decree and certificate of costs Ksh. 500/=
- 2.A Decree and Certificate of Costs to issue to that effect
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 21 rules 9, 9A(1), 9B(2), 9C(3) and 9D(4) of the Civil Procedure Rules; Advocates (Remuneration) Order, 7th Schedule
Relief refused
#Instruction fees of Ksh. 450,000/= claimed in the draft statement of costs
Claimed instruction fee untenable and not within the Advocates Remuneration Order; court instead awarded Ksh. 65,000/= as party and party costs on the higher scale
Court fees of Ksh. 8,500/= as claimed (awarded instead at Ksh. 14,000/= per receipts)
Receipts on the file and Case Tracking System totalled Ksh. 14,000/=, not the Ksh. 8,500/= indicated by the defendants
Service costs of Ksh. 10,000/= as claimed (reduced to Ksh. 5,000/=)
Only one affidavit of service on record and most service was between counsel by e-mail
Costs
Costs of the withdrawn suit payable to the defendants assessed and awarded at Ksh. 121,500/= against the plaintiffs; a decree and certificate of costs to issue to that effect.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In summary, the costs payable to the defendants are assessed as follows: a. Party to party costs on higher scale……………………………………Ksh. 65,000/= b. Court fees on suit……………………………………Ksh. 14,000/= c. Service of court process……………………………………Ksh. 5,000/= d. Court Attendances……………………………………Ksh. 28,000/= e. Costs on applications……………………………………Ksh. 9,000/= f. Decree and certificate of costs……………………………………Ksh. 500/= Total……………………………………Ksh. 121,500/= A Decree and Certificate of costs to issue to that efiect.
The suit herein was defended. It therefore implies that a higher scale shall be applied for party and party costs. The maximum of Ksh. 50,000/= is for an undefended suit. In a suit such as this one, it should be higher.
In awarding costs, the Court shall be guided by the Advocates (Remuneration) Order-see Oder 21 rule 9D (4) of the Civil Procedure Rules.
Issues in the judgment
#Internal date inconsistency: the matter was marked withdrawn on 22/9/2025, yet the record is described as showing 20 attendances including 'the last attendance on 28/5/2026', and the ruling is dated 23 June 2026
Typographical error in the date the ruling on the three applications was delivered ('7/10/202' - incomplete year)
Judgment does not state the suit's case number or the parties' names, hindering identification
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wambua & 4 others (Suing as the Chairman and officials of Mangelete Community Intergrated Development Orogramme - MCIDP) v Maingi & 3 others (Suing as the former members of Mangelete Community Intergrated Development Orogramme - MCIDP) (Civil Case 116A of 2023) [2026] KEMC 280 (KLR)", Case Analysis (2026). null (not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/280/eng@2026-06-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.