JUDGMENT
On 24th November, 2014 Wasilwa J, dismissed the respondent’s suit with costs in Kisumu Industrial Court Cause No. 58 of 2014. Following that success, Teachers Service Commission (the appellant or TSC) filed a party and party bill of costs and an order for the sum of 159,901/= was made in its favour by the Taxing Master on July 24, 2015.
As the costs remained unpaid, TSC moved the Judge supposedly under section 6 of the Advocates Act (the Act) for an order that the taxed costs be deemed as judgment of the court. The application was not opposed and it must have come as a surprise to TSC when, on September 29, 2016, Maureen Onyango J, suo motu, dismissed the application.
In dismissing the application, the Judge reasoned: -
“Ordering the claimant to pay fees to the respondent, the Teacher Service Commission would be in breach of rules 4, 5 and 6 of the Advocates (practice) rules in so far as Teachers Service Commission is an unqualified person and Calvin Anyuor has not demonstrated t…