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AHMED BORAY ARALE
V.
THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 4 ORS

(2024) JELR 112625 (SC)

Supreme Court 30 Aug 2024 Kenya
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Case Details

Suit Number:Election Petition (Application) E026 of 2023
Judges:M.K. IBRAHIM, SCJ
Counsel:Ms. Moturi for the Appellant/Respondent (Ondieki, A. Hashi & Company Advocates) Mr. Kibihi holding brief for Mr. Mwiti for the 1st to 4th Respondents/Applicants (Mwiti & Partners Advocates, LLP)

RULING OF THE COURT

[1] UPON PERUSING the Motion dated 4th December, 2023 by the 1st to 4th Respondents/Applicants (hereinafter referred to as “Applicants”), filed pursuant to Rules 60 and 62 of the Supreme Court Rules, 2020 in which the Applicants seek to have a single Judge review the decision of the Deputy Registrar dated 1st December, 2023 on their bill of costs concerning item 1being the instruction fees; and either set it aside, issue direction for re-taxation or to tax it afresh; and

[2] UPON PERUSING the grounds on the face of the application, the supporting affidavit by Duncan Mwiti Kinyua, Counsel for the Applicants, sworn on 4th December, 2023 and submissions dated 5th November, 2023 contending that the Taxing Officer admitted as crucial evidence the instruction letter dated 31st August, 2023 disclosing the instruction fees between the 1st Applicant and its Advocate as a fee of Ksh. 3,500,000/- but failed to consider the same in awarding the fees claimed by the Applicants wit…

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