SPECIAL ISSUE

Kenya Gazette SuPPlement No. 82

1oo1

lTth November,2006

( Le gislative Supplement N o. 46 )

LEGALNOTICENO. I59

TI{E ADVOCATES ACT

(Cap. t6)

IN EXERCISE of the powers confened by section 44 of the

Advocates Act, the Chief Justice, on the recommendation of the

Council of the Law Society, makes the following Order-

THE ADVOCATES (REMLJNERATION) (AMENDMENT) ORDER'200,6

t. This Order may be cited as the Advocates (Remuneration)(Amendment) Order, 2006.

2.The Advocates (Remuneration) Order, in this Order called the Sub.Lcg.

principal Order, is amended by deleting paragrapll 3 and inserting the

following new paragraph-

scalcfecs. 3. "No . advocate may agree or accept hisremuneration at less than that provided by thisOrder."

3. Paragraph 7 of the principal Order is amended by deleting the

expression ..i" appearing in the first line and substituting therefor the

expression "14".

4. The principal Order, is amended by deleting all Schedules

thereto and substituting therefor the following new Schedules-

SCTIEDI.JLE I

FIRST SCALE

SCALES OF CHARGES ON SALES, PI.JRCHASES AND MORTGAGES

AITFECTING LAND REGISTERED IN ANY REGISTRY

I. VENDORSADVOCATE

For preparing and completing contract, answering any preliminary enquiries, deducing

titte.linituOlng any necissary abstraction to a freehold or leasehold property, answering

any riquisitions on title, peruiing and completing conveyance or assignment).

I

II

It{

looz Kenya Subsidiary Legislarion, 2006

From (KSh.) To (KSh.)

0 2,500,000 t.50vo Of the consideration or value or Shs.20,000 whichever is higher

2,500,00t 5.000.000 1.257o Of the consideration or value or Shs.37,500 whichever is higher

5,000,001 10,000,000 lVo Of the consideration or value or Shs.62,500 whichever is higher

10,000,001 2s,000,000 0.757o Of the consideration or value or Shs.100,000 whichever is higher

25,000,001 50,000,000 0.659o Of the consideration or value or Shs.187,500 whichever is higher

50,000.001 r00,000,000 0.60Vo Of the consideration or value or Shs.325,000 whichever is higher

r00,000,00t 250,000,000 0.50Vo Of the consideration or value orShs.600,000 whichever is higher

2s0,000,001 500,000,000 0.30Vo Of the consideration or value orShs.1,250,000 whichever is higher

SCALE FEE

Consideration or value of subject matter

and in respect of an amount where the consrderation or value rs more than KSh.500,000,000 such fee as may be agreed, but in any event not less than KSh. 1,500,000.

II

l

{

I

2. PT]RCHASER'S ADVOCATE

For investigating title to a freehold orlease-hold property and preparrng andcompleting conveyance (including perusaland completion of contract, if any).

5. MORTGAGOR'S ADVOCATE

(a) For deducing title (includrng anynecessary abstraction) to a freehold orleasehold property, answerlng anyrequisitions on title, peruslng andcompleting mortgage.

(b) For preparing and completingreconveyance or reassignment of mortgage

6. MORTGAGEE'S ADVOCATE

SCALE FEE

The scale fee set out under I above.

SCALE FEE

One-half of the scale set under I above(so that the minimum fee charged is notIess than one half of the minimumamount permitted to be charged under Iabove).

One-quarter of the scale fee set out underI above subject to a maximuin charge ofsh. 30,000.

SCALE FEE

(a) For investigating title to a freehold or The scale fee set out under I above.leasehold property and preparing andcompletrng mortgage.

K e nya Subs idia ry Le gi s lat ion, 2006 1003

(b) For perusing and completing One-quarterofthescalefeesetoutunderreconveyance reassignment of mortgage. I above subject to a maximum charge of

sh. 30,000.

SECOND SCALE

SCALE OF CHARGES RELATING TO MEMORANDA OF EQUITABLEMORTGAGES BY DEPOSIT OF DOCUMENTS OR CHARGES BY DEPOSIT OF

TITLE

SCALE FEE

l. For investigating title to a freehold or One-half of the scale fee set out under Ileasehold property and completing and oftheFirstScale.registering a memorandum of equitablemortgage by deposit of documents or a

memorandum of charges by deposit of titlein respect thereof.

2. For preparing, completing and One-eighth of the scale fee set out underregistering a memorandum of discharge of I of the First Scale.equitable mortgage by deposrt ofdocuments or a memorandum of Dischargeof charge by deposit of title.

Note.-Only half of scale fee should be charged for equitable mortgages and charges inthe circumstances set out in note (2) to the third scale of this schedule.

THIRD SCALE

SCALE OF CHARGERELATING TO DEBENTURES

l, Single debentures:

(a) On each single debenture of any nature not creating a security, a fee calculatedunder Schedule V according to time, complexity and responsibility.

(b) On each single debenture of any nature creating a security the scale fee set outunder I of the First Scale.

2, Seriesofdebentures:

A fee on the total capital for which the series issued as for a single debenture with theaddition of fees under Schedule V in respect of the preparation, completion and

registration of all debentures after the first.

3. Debenture stock issued under a debenture tust deed:

A fee on the total capital for which the trust is drawn as under I of the First Scale

plus one-half thereof, with such additional amount as may be reasonable taking intoaccount the time, complexity and responsibility involved in each case.

Notes

l. (a) Where the grantee of a security and the company creating it are separatelyrepresented, the advocate for the company shall be entitled to charge one-half of the

fees chargeable by the advocate for the grantee.

1004 Kenya Subs idiary Legislation, 2006

(b) Where one Advocate represents both the grantee of a security and company

creating it he shall be entitled to increase the prescribed fee by forty per cent.

2. Where two or more securities are created by a company, whether contemporaneously

or subsequently, in favour of the same grantee to secure the same or a lower amount,

then the fee payable shall be the full prescribed fee in respect of the principalsecurity plus Kshs, 40,000 for each additional security. For this purpose, where the

collateral or supplemental security constitutes immoveable property, KSh. 40,000shall be charged in respect of each immoveable property so mortgaged in favour ofthe grantee.

3. Where a security by one document by more than one company or other entity rrr

favour of the same grantee to secure the same amount, then the fee payable shall be

the full prescribed fee in respect of the first company and KSh. 40,000 in respect ofeach company thereafter, the total fees to be divided equally between the companies

unless otherwise agreed by all the companies in writing.

4. Where a security is created by one document by more than one company in favour ofmore than one grantee, then the fee payable shall be the same as the one prescribed

in note 3 above.

5. Unless otherwise agreed by the parties in writing the company or the companies

creating a security shall pay the fees of the advocate for the grantee as well as the

fees of its or their own advocate.

FOI.]RTH SCALE

SCALE OF NEGOTIATING COMMISSION ON SALES AND MORTGAGES

SCALEFEE KSH.

For negotiating a sale of property by On the first ll2private treaty or loan secured by mortgage f 10'000 per f 100

Over f 10,000 to 5230,000 per f 100

Over f30,000 per 30

fl00

Notes

l. In calculating fees payable under any of the above scales a fraction ui r-100 up to and

including f50 shall be accounted as one-half but over f50 shall be accounted as a

whole unit of calculation.

2. In the above scales, "IJlottgug"" includes a conveyance, assignment or other

assurance or an agreement to convey, assign or otherwise assure the immovable

property or any "itut",

interest or other right therein to secure the payment ofmoneys; and "charge" includes an agreement to charge immovable property or any

estate, interest or olher right therein to secure the payment of moneys; but neither

word includes a memorandum of equitable mortgage by deposit of documents or amemorandum of charge by deposit of title or an agreement exclusively collateral

thereto unless the collateral agreement or covenant to execute a mortgage or charge

at some future time or when called upon.

^e r, yu Jn u J taa au r.y Lc 6wL..

SCHEDULE II

SCALE OF CHARGES FOR THE PREPARATION OF LEASES, AGREEMENTSFOR LEASES AND TENANCY AGREEMENTS AT A RACK RENT

I . To the advocate preparing , settling and completing lease or agreement andcounterpart.

SCALE FEE

Annual Rent

and in respect of an amount where the annual rent rs more than KSh. 3,000,000, such feeas may be agreed but in any event not less than KSh. 100,000 and not more than the feechargeable under paragraph l(/) above plus 0.|Vo on the excess amount.

2. To the advocate perusing, amending and One-half of the fee payable under Icompleting lease or agreement or counter above (so that the minimum fee chargedpart is not less than one half of the minimum

amount permitted to be charged under Iabove).

Notes:

l. Where a varying rent is payable the amount of the annual rent means the amount ofthe largest rent payable under the lease or agreement.

2. In the case of extension of the term of a lease, agreement for lease or tenarrcyagreement capable of being effected by way of an endorsement on or annexure to the

original instrument, the charge shall be calculated under Schedule V.

3. Charges as to conveyances in fee, or for any other freehold estate reserving rent, orbuilding leases reserving rent or other long leases not at a rack rent, or agreement forthe same respectively, shall be calculated under Schedule V.

From (KSh.) To (KSh.)

0 r20.000 15.007o Of the annual rent

r20,00r 250,000 12.507o Of the consideration or value or Sh.18,000whichever is higher

250,001 s00,000 10.00% Of the consideration or value or Sh.. 31,250whichever is higher

500,00r 1,000,000 7.5O9o Of the consideration or value or Sh. 50,000whichever is higher

1,000,00r 2.000.000 5.0OVo Of the consideration or value or Sh. 75,000whichever is higher

2,000,00t 3.000.000 4.007o Of the consideration or value or.Sh. 100,000whichever is higher

1006 K erwcr S u b.s icl ia rv Le g i s lat iou, rOOO

SCHEDULE III

I. FORMATION AND INCORPORATION OF COMPANIES WITH SHARECAPITAL

A t'ee calculated according to the followrng scales, the t'ee to cover taking instructions tolncorporate the company, drawing memorandum of associatron (rf any), preparing andlodging all necessary company tbrms at the Companres Registry on the incorporation ofthe company (but excluding any prospectus) and procuring certrficate of incorporationincluding all routrne attendances and correspondence in connection therewith, whetherthe company rs pnvate or public, with or wrthout share capital:

Such t'ee, takrng into account the complexity and responsibrlity of the matter, as may be

agreed between the advocate and the clrent but in any event not less than KSh. 50,000.

REGISTRATION OF FOREIGN COMPANIES

Such t'ee takrng into account the complexity and responsibilrty of the matter, as may be

agreed between the advocate and the client but in any event not less than Kshs.50, 000.

2. OTHERCOMPANYWORK

All work relating to company matters other than that fbr which f'ees are prescribed in thisschedule shall be charged under the appropriate schedule.

SCHEDULE IV

TRADE MARKS

I. APPLICATIONS

(a) lnstructions to reglster one trade mark tn one class

(b) Instructions to regrster second and further trade marks inthe name of the same proprietor simultaneously per trade markrn one class

(c) Frllrng priority application

2. REGISTEREDUSERS

(c) Instructions to file an application to enter one registered user of one registered trade

mat'k or more than one registered trademark of the same proprietor rncorporated in the

same set of documents and subject to the same conditions and restrictions in each case-

(r) fbr the first one single registered trade mark 4,200

KSH.

5,040

2,940

2,835

I,890

t,260

504

6,300

8,400

I

(ri) for the second registered trade mark

(rii) ior the thrrd registered trade mark

(iv) tbr the fourth and eagh subsequent registered trademark. applicatrons being filled sirnultaneously

(b) Drawing statement of case, statutory declaratron in supportand application, depending on the amount of workinvolved but not less than

(c) Drawrng registered user agreement, depending on theamount of work invslved but not less than

t

(d) lnstructions to file an application under Section 3l(8) (b)

for cancellation of a registered user in respect of one

registered trademark or more than one registered

trademark of same ProPrietor-

(i) For the first or single registered trade mark

(ii) For the second registered trademark

(iii) For the third registered trademark

(iv) For the fourth and each subsequent trademark'

application being filed simultaneously

(e) Drawing application for cancellation and statemdnt of

g.ounO,-depinding on amount of work involved but not

less than

(fl And for each subsequent registered trade mark included in

the same application for cancellation, the grounds for

cancellation being the same

(g) Instructions to file an application for variation of terms ofappointment of registered user

3. ASSIGNMENTS

(c) Instructions to file an application to register a subsequent

proprietor of one registered trademark (or more than one

iegistet"d trademark standing in the same name under the

saire devolution of title and filed simultaneously) with or

without goodwill-

(i) for the first registered trademark

(ii) for the second registered trademark

(iii) for each subsequent registered trade mark

{b) Instructions to file application for- directions by trr'Regrstrar for advertisLment of the assignment oftrademarks in use without goodwill and attending to the

advertisement thereof-

(i) for one registered trademark assigned

(ii) for every other registered trade mark assigned under

itt" tu*" devolution of title filed simultaneously

(b) Instructions to apply for extensions of time in which to

aPPIY for directions to advertise

4. RENEWALS

(a) Instructions to renew the registration of one trademark in

one class

(b )Instructions to renew the registration of second and further

trademarks in the same proprietor simultaneously

3,360

2,286

t,512

756

l,890

630

4,200

2,520

I,r34

756

2,520

1, r34

1,260

2,772

r,890

(c) Iirstructrons to restore the regtstration of one trademark inone class undet the provisions of rure 6g of the TradeMarks Rules

5. CHANGEOFNAME

(a) Instructions to reglster change of name of the registeredproprietor ln respect of one tride mark in one class(b) Instructions. to regtster change of name of the registeredproprietor in. re-spect of second and further trade" martssrmu.llaneously for each change of name per trade mark inone tlass 1,00g

6. CHANGEOFADDRESS

(a) Instructions to register change of address of the registeredpropnetor in respect of one trade mark in one class(b) Instructions.to reglster change of address of the registeredproprietor in respect of seiond and further trade markssimultaneously for each change of aaOress per trade markin one class

]. ALTERATIONS ORAMENDMENTS

(a) Instructions to amend or alter one registered trademark inone class

(b) Instructions to amend o; alter second and further registeredtrademarks srmultaneously in one class, per trade markper class

8. SEARCHES AND COPIES

(a) Attendances to search the register or a file at the registry-rnd advisrng thereon, per quarter hour or part thereof"by-(r) an advocate

(rr) an unqualified employee

(b) Instructions to obtain Registrar,Form T. M. 27 or T.U.,ZS

3,360

1,512

I,512

1,008

2,520

l,008

prescribed form

(c) Instructigns to obtaindocuments:-

s preliminary advice onincludrng drawing the

regtstry certified copies of

t,260

840

t,260

(i) One copy of any document .

(ii) Second and additional 'copies of same documentobtained simultaneously

9. OPPOSITION AND RECTIFICATION PROCEEDINGS(a) Instruction to enter opposition or to defend oppositionproceedings or td apply for rectification or to defendrectifrc.ation proceedings where such opposition orproceedings are conducted before the Registrar_

2,100

630

Kenya Sub sidiary Le g is latio n, 2006 r009

Such fee as the taxing officer in the exercise of his

drscretion and taking into consideration the nature and

rmportance of the opposition or rectification, the value ofthe trade mark to the parties concerned, the amount ofevrdence filed and the time required for the proceedings

and all other relevant circumstances shall decide but notless than

(b) Attendance before the Registrar conducting opposition orrectificahon proceedings every whole day

(c) Every half-day or part thereof

(4 On interlocutory matters, taking judgement, etc every 15

minutes or part thereof

IO. MISCELLANEOUS MATTERS

(a,) Instructions to advise on registrability of a mark, or on a

point of law or practice; such fee as may be reasonable inthe clrcumstances but not less than

(b) Attendance on the Registrar, for every 15 minutes or partthereof-

(i) For argument

(ii) For filing papers

(c) Correspondence, where charged for separately (see the

note to thrs part of this schedule)-

(r) Per letter

or per folio

(ii) Receivrng and perusing letters-

Per letter

or per foho.

(d) Drawing all other necessary documents (notices ofopposition, statutory declarations, counter-statements,etc)-

(i) Per foho

(ir) Files copies, per folio

(e) Perusing documents, pleadings, statutory declarations, etc.

to be charged for as for perusals at item 8 (a) of schedule

VI.

f) All other necessary attendances (including attendances to

take minutes of evidence of witnesses other than the party forwhom the Advocate is acting), per quarter hour or part thereof

Note.-The fees in items 1,2, 3,4,5'6 and 7 above are

inclusrve, unless otherwise

r50,000

I l,760

s,880

805

5,250

t,470

420

2r0

r26

336

33

84

50

630

l0l0 Kettya Subsidiary l*gisition,2006

Provided, of drawing statutory forms and authorizations as

necessary, and of all'necessary routine correspondence withand attendanc€s at the registry and correspondence with theclient, but they do not cover additipnal matters shown in items8 and 9 and work occasioned by objections or gueries by theRegistrar or third parties or by any other complication orunusual delay, which matters and writ shall be charged forseparately.

SCHEDULE V

FEES IN RESPECT OF BUSINESS TTIE REMUNERATION FOR WHICH IS NOTOTHERWISE PRESCRIBED OR WHICH HAS BEEN THE SUBJECT OF AN

ELECTION UNDER PARAGRAPH 22

PART I_AGREED HOURLY RATE

l. Fees talling to be assessed under this Schedule may either be charged in accordancewith paragraph 2 of this part or assessed in accordance with Part II

2. An advocate may charge his fees at such hourly rate or rates as may be agreed withhis client tiom time to time.

PART II-ALTERNATIVE METHOD OF ASSESSMENT

I. INSTRUCTIONS

Such t'ee tbr instructions as, having regard to the care and labour required the number and

length of the papers to be perused, the nature or importance of the matter, the amount orvalue of the subject matter ihvolved, the interest of the parties, complexity of the matterand all other circumstances of the case, may be fair and reasonable, but so that dueallowances shall be given in the instruction fee for other charges raised under thisschedule. I

2. DRAWING AND PERUSING, ETC.

KSH.

For drawing 168

For engrossing a3

For fair copying 2l

For perusing 50

3. ATTENDANCE

In ordinary caSes per 15 minutes or part thereof 525

On routine telephone calls within Kenya for 3 minutes or part

thereof 105

In other cases the taxing officer may increase or diminish the above charges iffor any special reason he sees it fit.

4. . TIME ENGAGED

Where charge is so based in lieu of charges per item of workdone-

K e ny a S ub s idiary l-e 8t s Mt ru n J' w

Per hour or Part thereof

5. CORRESPONDENCE

Letters

Or per folio

Receiving and Perusing letters

Or per folio

6. OPINIONS

For formal written opinion, such fee as may be reasonable in

in" """rrttunces,

having regard to the same considerations as

set out above for the asiesslment of instructions but not less

than

7. JOURNEYS FROM HOME

For every day of not less than seven hours employed in

travelling

Wherealessertimethansevenhoursissoemployedperhour

(a) Where the amount of the debt does not exceed Sh' I '000

(b) Where the amount of the debt exceeds Sh' l'000 but doeS

not exceed Sh. 3'000

(c) Where the amount of the debt exceeds Sh' 3'000 but does

not exceed Sh' 6'000

(d) Where the amount of the debt exceeds StI-5'000 but does

notexceed Sh. 10'000

(e) Where the amount of the debt exceeds Sh' 10'000 but does

not exceed Sh. 100'000

Pltls 7'5 per cent on the amount over 10'000

(fl Where the amount of the debt exceeds Sh' 100'000

Plus t.5 per cent on the amount overlOO' 000

5,000

2to

t26

84

50

25,000

r0,500

l,680

provided that the taxing officer may increase or diminish the above allowance if for

any special reason he sees it fit'

8. DEBTCOLLECTION

Inrespectofnon-contentiousdebtcollectionmattersanadvocatemayenterintoageneral agreement *itt u-"ti"nt to charge therefor upon the following inclusive scale

in lieu of charging p"r t,"* fot work done' Provided that in any case where not more

than one letter of O"*uiJ f,u, been written the scale shall be reduced by one-half'

subject to a rhinimu.fr" "r Shs.315 and provided further that where the letter of

demand if followed by;" l;rdtution of iroceedings at the instance of the same

advocate the scale d""J ,"r "diy and the litter shall6e charged under item 5 of this

t"frJuf" or under Schedule vi oi SctreOule VIII as may be appropriate'

KSH.

630

l,050

t,470

l,890

2,100

1r,550

For drawrng and completing an rnstrument under the Chattels Transfer Act including allnecessary and proper searches, affidavits, stamplng and registration.

KSH.(a) Where the amount secured does not exceed Sh. 50,000 4,ZOO(b) Where the amount secured exceeds Sh. 50,000, one-half ofthe scale fee under I of the First Scale of Schedule I adjustedrn accordance with the notes to that Schedule.

SCHEDTILE VICOSTS OF PROCEEDINGS IN THE HIGH COURT

A _ PARTY AND PARTY COSTSI. INSTRUCTION FEES

Subject as herernafter provided, the fees for instructions shalr be as foilows-t To sue ln an ordtnary suit in which no appearance is entered under Order IX Aof the crvrl procedure Rules where no'application for leave to appear anddefend rs made, the fee shar be 65vo.of ti,i, r""r

"tr.g"u[]" uro". item l(a)where the value of the subject matter is in excess of frf,..5,OOO,OOO.

ii' To sue or defend in a suit in which the suit rs determined in a summary mannerin any manner whatsoever without going to full trial ttreiee snatt be75vo of thefees chargeabl: fldgr rtem r (b) ihere the value of rhe subject matter is inexcess of Ksh. 3,000,000.

tii' In a suit where settlement rs reached prior to confirmation of the first hearingdate of the suit the fee shall be 85vo of ih. f"" ctrargeabteunaJ.,,",n I (b) of thisSchedule,

The fee fbr tnstructtons ln surts shall be as fbllows, unless the taxing officer in hrsdrscretron shall rncrease or (unless otherwise provrded) reduce rt:(a) To sue rn any proceedrngs (whether commenced by plaint, petltion, originatrngsummons or notrce of motion) in which no def'ence oi olher denial of tiaiitity 1!filed; where the varue of the sublect matter can be o"t.rdr,""Jf.om the pleading,judgement or settlement between the parties and_

renlta Subsidlary Legislation, 2006

9, CHATTELS TRANSFERS

That value exceeds But does not exceed

KSh,

28,000

3s,000

49,000

20,000,000 fees as for Shs. 1,000,000plus an additronal 1.5 per cent.

fees as for 20,000,000 plus an additional l.25Vo

proceedings described rn paragraph (a) where a defence or other denialfiled; or to have an issue determined arising out of inter_pleader oi

i

I

I

!

i

I

I

i

I

I

I

I

1

i

KSh.

500,000

750,000

I,000,000

Over 20,000,000

(D) To sue rn anyof liability is

KSh.

500,000

750,000

l,000,000

sh.sft

Kenya Subsidiary Legislation, 2006 l0t 3

other proceedings before or after suit; or to present or oppose an appeal where thevalue of the subject matter can be determrned from the pleadings, judgement orsettlement between the parties and-

That value exceeds But does not exceed

Shs.

500,000 49,000

500,000 750,000 63,000

750,000 1,000,000 77,000

1,000,000 20,000,000 fees as for Sh. 1,000,000 plus an additional 1.5 percent.

Over 20,000,000 fees as for 20,000,000 plus an additional 1.25 per cent

(c) To defend proceedings where the defendant substantially adopts the defence ofanother defendant; an instruction fee calculated under sub-paragraph I (a).

(d) To def'end any other proceedings; an instruction fee calculated under sub-paragraphl(b)

(e) Bankruptcy proceedings-

(i) debtors applicant Sh.

to present or oppose a debtor's petition 3,500

to apply or oppose discharge 2,100

(ii) Creditor's applicatron:-

to apply for rssue of a bankruptcy notice 700

to present or oppose a creditors petition 3,500

to apply for or oppose a discharge 2,100

(fl Companies-

( i) to present or oppose proceedings under rule 5 ( I ) of the

companies (winding-up) Rules 12,600

(ii) to support a petition for winding-up of a company 2,520

(iii) to present or oppose any other proceedings under the

companies Act 4,200

(g) Matrimonial causes-

(i) to present a petition for dissolution of marriage,nullity, judicial separation, or restitution of conjugalrights:

where the proceedings are defended 12,600

Where the proceedings are defended, or to defendproceedrngs, such sum as may be reasonable but not less

rhan 25,200

l0r4 Kenya Subsidiary Legislation, 2006I

I

(ii) to apply for additional or ancillary relief, or forcustody or access:

If the application is dealt with together with the petitionor answer, as the case may be

If the application is not dealt with together with thepetition or answer

(iii) to apply for a Registrar's Certificate

(iv) to present or oppose an application to a judge underthe matrimonial Causes Rules or laws on Guardianshipnot otherwise provided for: such sum may be reasonablebut not less than

(/r) Adoption and guardianship-

(i) to present or oppose an application for adoption suchsum as may be reasonable but not less than

(ii) to present or oppose an application for guardianship;

such sum may be reasonable but not less than

(i) To present or oppose an election petition; such sum as maybe reasonable but not less than

f) herogative orders-

To present or oppose an application for a prerogativeorder; such sum as may be reasonable but not less than

(k)To present or oppose objections to an award made by anarbitrator

(/) To sue or defend in any case not provided for above; suchsum as may be reasonable but not less than

(m) T o present or oppose an appeal in any case not providedfor above; such sum as may be reasonable but not less than

(n) To counter-claim; a fee under subparagraph (a) or (b), aslappropriate.

(o) Matters arising during proceedings-

(i) to prepare an affidavit

(ii) to prepare interrogatories or answers thereto

(iii) to apply for a commission or lerter of request for theexamination of a witness

(iv) to prepare a brief for counsel in relation to acommission for examination of a person not residing inKenya; such sum as may be reasonable but not less than

(v) to prepare a case stated for the opinion of the court;such sum as may be reasonable but not less than

2,100

8,400

525

r.890

8,400

10,550

42,000

28,000

8,400

8,400

6,300

630

3,500

2,t00

t2,6N

4,200

K eny a S ub s idia ry Le gislat io n, 2006 l0t5

(vi) to present an applicatron for a temporary injunction or

similar order if unoPPosed

if opposed

(vii) to present or oppose in cases where thejudge shall certify

that the matter is complex; such sum as the judge may

certify to be reasonable

(viii) to present or oppose any other application not otherwiseprouided for, whether by summons in chambers or by

notice of motion where the application is unopposed

where the apptication is opposed, such sum as may be

reasonable but not less than

2,100

3,000

l,750

3,s00

Provided that-(i) the taxing officer, in the exercise of this discretion, shall take into

consideration the other fees and allowances to the advocate (if any) in respect

of the work to which any such allowance applies, the nature and importance ofthe cause or mqtter, the amount involved, the interest of the parties, the general

conduct of the proceedinSS-clirection by the trial judge, and all other relevant

circumstances;

(ii) in any case whrch a certificate for more than one advocate has been given by

the juage, the instruction fee allowed on taxation as between party and party

and other charges shall be doubled where requisite;

(iii) in any case which a certificate for senior counsel has been given by the judge'

the instruction fee allowed on taxation as between party and party shall be

increased by one-half and other charges shall be doubled where requisite, the

allowance for attendances of senior counsel in court conducting or leading

the cause being on the higher scale.

(iv) for the purpose of assessing an instruction fee in any suit-

(a) for possession of premises, with or without a claim forarrears of rent; or

(b) for specific performance of a lease, the value of the

subjict matter shatl be taken to be the arrears of rent

or mesne profits, if any that may be found due,

increased by sum equivalent to the annual rental

value of the premises or to one-tenth of the capital

value of the premises, whichever is higher;

(v) for the purposes of assessing an instruction fee in a case

where payment into court has been made under order

XXVI of he Civil Procedure Rules, the following rules

shall apPlY-

(a) where the plaintiff accepts payment into court under the

provisions of order XXVI, rule 2 (1), he may claim the

full instruction fee;

(b) where the plaintiff accepts payment into court after the

time atlowed by order XXVI, rule 2 (l), but before one

l0l6 Kenva Subsidiary Legislation, 2006

month after settlng down of the case for hearrng, hemay clarm three quarters of the instruction fee;

(c) where the plaintrff does not accept rhe payment intocourt and does not recover more than the'payment, hemay claim his costs to the date of payment,-includingone-half of the fee.

2. FEES FOR GETTING UP OR PREPARING FORTRIAL

In any case in which a denial of Iiability is filed or in which issues for trial are jorned bythe pleadrngs, a fee for getting up 1d pr.pu.ing the case ro, titi ,r,uil be ailowed inaddrtion to the rnstruction fee ind shall t. lot r"ir than one-thira-oiit" instruction feeallowed on taxation:

Provided that-(l) thrs fee may be increased as the taxation officer considers

reasonable but rt does not rnclude any work comprisedin the rnstructron tee;

(ir) no. fee under thrs paragraph rs chargeable until the case hasbeen confrrmed for hearing, bu-t an additional sum ofnot more that l5 per cent of the instruction fee allowedon taxarion may, if the judge so directs, be allowedagainst the party seeking thJadjournment rn respect of11;f oclasign upon which a confirmed heaiing isadlourned;

iii) in every case which is not heard the taxing officer must besatisfied that the case has been preparei for trial underthrs paragraph.

I. FEE FOR GETTING UP AN APPEAL

n any appear to the Hrgh Court in which a respondent appears at the hearing of theppeal and which the court at the conclusion of the hea.ing'fias certiriro ttut in view ofhe extent or difficurty of the work required to be dons subsequently to the rodging of theppeal..the case ls a propdr one for consrderation of a getting up fee, the taxing officerray allow such a fee in addition to the instruction fee-and i""fi "

i""-rnall not be lessran one-third of the rnstruction fee.

. DRAWING

r) concise statement, praint, written statement of defence, interrocutory application,notice of motion or chamber application, originating ru;.;n;, ;ildavit, petitron ofappeal, interrogatories, agreement forcompromise, i-d.;ustment or satisfaction of suit,or for reference to arbltratlon or any other pieading notttrerwir. p.*ra.a tor-

(i) four folios or less

KSh,

735(ii) in excess of four folios; additionar per folio after thefirst four folros

105

) Credrtor's or debtor,s petition that a debtor be adjudicatedrnsolvent, or nottce of objection thereto_

Kenya Subsidiary Legislation, 2006 t0t7

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(r) stx folios or less

(ii) in excess of six fohos per folio

(c) Petitron fbr wrndrng up of a company incorporated underthe Companies Act-(i) nrne folios or less

(ii) rn excess of nine folios; per folio

(d) All other documents (including proofs of witnesses;evidence) so far as necessary; per folio

(e) Bill of costs; per folio

S) Affrdavit or return of service

Provided that jn relation ro paragraph (a) (ii), (r) (ii), (c)(ii) and (A, he Sudge may direct that rhe costs of anyrepetrtlve or unnecessary matter shall be disallowed.

5. COPIES

(a) Of plaint, written statement of defence, affidavit, petitionof appeal, cross objection to petition, interrogatories,rephes to interrogatories, agreement in satisfaction of suit,or for reference to arbitration, exhrbit bill of costs andevery other document (whether for court or opposingparty); per foho

(b; Ihe actual cost of copies ofjudge's notes spoken from dayto day as a case proceeds may be allowed if certified forthe trral 1udge.

1cj Printing: actual costs, supported by vouchers of allnecessary printing.

(d) Photostat copies: actual costs, supported by vouchers of allnecessary photocopying.

(e) All other necessary copies: per foho

6. CORRESPONDENCE

Letters before action or other necessary letters

or folio

1. ATTENDANCES

(a) On any necessary application to or formalattendance on the registrar or deputy registrar

(b.) At offices of Court or registrar on routine matters

OrdinaryScaleKsh.

315

210

r,050

105

1,575

105

126

126

168

2t

147

84

HigherScaleKsh.

2t

IIi

t0t8 K e nya S ub s idia ry Le g i slat ion, 2006

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l

II

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(c) At court in chambers on matters on a date fixedby the court for hearing when the case cannot betaken or by advocate for calling over lists

(d) At court or in chambers before judge not,otberwise provided for:-(i) half-hour or less

(ii) one hour

(iii) half-day

(iv) whole day

(e) Routine telephone calls each necessary telephonecall allowed per three minutes or part thereof

ff) With a judge on a view , if in court hours, thesame fees for attending in court conducting case;if out of court hours per hour including travellingtime, in addition to all expenses properlyincurred in getting to and from the place viewed

(g) All necessary attendance (including attendancesto take minutes of evidence of witnesses otherthan the party for whom the advocate is appearing)of any nature whatsoever not otherwise providedfor per quarter-hour.

8. PERUSALS

(a) Of pleadings, memorandum of appeal, record of appeal,affidavits, interrogatories and answers thereto, notices toadmit, petition to wind up company, petition in insolvency,notice of motion in court, originating summons or othernecessary documents not specifically provided for per folio

(b) Of notices and other routine documents

(c) Of necessary letter; per folio

9. SERVICE

(a) Within three kilometres of the High Court or orstrictregistry of the High Court

630

840

l,680

3,360

6,720

84

t,5t2

r,260

2,100

5,040

10,080

378

42

63

42

r,000

(b) For travelling and subsis!_ence expenses incuned by the process server; chargethe actual expense incurred.

(c) Where service is by post or by any other mode ofsubstituted service, charge the actual expenses incurred.

IO. PLANS, MODELS, E.T.C.

Actual costs supported by vouchers of all necessary plans, charts, photograph andmodels.

II. TRANSLATIONS

Actual costs, supported by vouchers, ofall necessary translations.

K enya S ub s id iary Le g i slat ion, 2006 1019

12. EXECUTION PROCEEDINGS

(a) Instructions to execute decree and drawing necessary

application

(D) Attendance at court filing application

(c) Attending Court to peruse order

13. OBJECTION TO EXECUTION PROCEEDINGS

(a) Instruction to prepare objection

(D) Instruction to proceed with attachment

(c) Instruction to take proceedings to establish or oppose such

proceedings

14. GARNISHEE PROCEEDINGS

(a) Instruction to instltute garnishee proceedings, if not

opposed

(b) Instructions to institute or to defend garnishee proceedings,

when opposed; such sum as the taxing officer considers

reasonable but not less than

15. FEE ALLOWABLE ON CERTIFICATE OF COSTS

UNDER PARAGRAPH 68A

(a) Where no appearance has been entered in the suit

and where the defendant was served at the first attempt foreach additional attempt of service

(D) Where appearance has been entered a further

(c) Where the det'endant was served out of the jurisdiction; afurther

(r/) Where the det'endant was served in accordance with an

order under order V, rule l7 of the Civil Procedure Rules; the

costs of any advertisement ordered by the court together with

a further

(e) For any application made to the judge under paragraph

ll(2); a further; together with the instruction fee and any court

t'ees and affidavits swearing fees incurred; but the taxing

officer shall not allow more than one instruction fee'

B _ ADVOCATE AND CLIENT COSTS

As between advocate and client the minimum fee shall be-

(a) the t'ees prescribed in A above, increased by one-half; or

(b) the fees ordered by the court, increased by one-half; or

(c) the fees agreed by the parties under paragraph 57 of this

order incieased by one-half; as the case may be, such

increase to include atl proper attendances on the client

and all necessary correspondences.

630

2r0

2r0

3,000

1,500

r0,000

3,000

10,000

840

r68

t26

1,680

|,470

2,730

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t020 Kenya Subsidiary Legislation, 2006

SCHEDULE VIICOSTS OF PROCEEDINGS IN SUBORDINATE COI.]RTS

A-PARTY AND PARTY COSTS

l ' Where the sum fbund due (in the case of a wholly or partially successful plaintiff) orthe sum sued for (in the case of a wholly successful OefenOantj.

Subject as herernafter provided, the fees for instructionsshall be as follows:-

(i) To sue in an ordinary suit in which no appearance is entered under orderIX A of the crvir procedure Rules where no application for reave toappear and defend is made, the fee shall be 65E;ot the where the varueof the subject matter is in excess of KSh. 2,000.000.

(ii) To sue or defend in a suit in which the suit is determined in a summarypalner in any manner whatsoever without going to full trial the fee shailbe'75vo where the value of the subject matter is in excess of KSh.2,000,000.

(iii) In a surt where settlement is reached prior to confirmation of the firsthearing date of the suit the fee shall bo g5vo of the fee chargeabre underthis Schedule.

ExceeaKSh.

5,000

10,000

20,000

50,000

250,000

Lower scaleKSh.

700

2,800

4,200

8,400

16,830

28,000

Does not exceedKSh.

5,000

10,000

20,000

50,000

250,000

500,000

Higher scaleKSh.

1,400

5,600

8,400

t2,600

25,200

42,000

if and when applicable, a

4,200

t2,600

Over 500,000 under enhanced jurisdiction of subordinate courtfee as for KSh. 500,000 plus 2.5 per cent in respect of the excess.

Note"- The "Lower Scale" shall be applied in all cases where no defence or other denialof liability has been filed and the "Higher Scale" shall be applied in all othercases.

2' In any suit or appeal by the nature of which no specific sum is sued for , claimed for,or awarded in the judgement (other than proceedings fallrng under paragraph 3below); such costs as the court in its discretion bu-t not leis than Sh. s-,oio rrundefended or unopposed and (subject to any special order for good reasonconnected with the nature and importance or the difficulty or the urgency of thematter) not to exceed KSh. 25,200.

3. (a) In proceedings for dissolution of marnage, nullity,judicial separation or restiturion of conjugal right:_where the proceedings are undefended

where the proceedings are defended

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Kenya Sub sidiary Legislation, zUUo tozl

6.

(b) In proceedrngs for ancillary relief;

rf heard together with petition or answer

rf not dealt together with petition or answer

(c) In other proceedings for custody, and access

4.. On any applicatlon, notlce of motion, chamber summonsor executlon proceedrngs, to include taking instructions toproceed or oppose, drawing application, engrossrng andfilr ng

On any necessary application to or attendance onmagistrate in court or chambers

Attendance at the hearing where the hearing lasts morethan one full day-for the first whole day

for each part after the first

7 . Where costs of adjournment of a case are awarded

8. Servrce-

(a) within three kilometres of subordrnate court or districtreglstry of the subordinate court

(b) For traveling and subsistence expenses incurred by theprocess server; charge the actual expense incurred.

(c) Where service is by post or by any other mode ofsubstituted service, charge the actual expenses incurred.

9. Drawrng and filing affrdavit or return of service

Notes

l. When an order has been made in general terms for the payment of cost by either partyand an advocate has been employed, those costs, in addition to the court fees, shall bLcomputed under this schedule, which shall be the minirnum fee, and shall include(except as otherwise provided) taking instructtons, drawing or perusing pleadings orsimrlar documents, engrossing and filling, and all necessary aitenaanie at cou-rt orchambers.

2. Costs,exceeding the scales in this schedule may be ordered on special grounds arisingout of the nature and importance or the difficulty or urgency of thi case.

3. Wher6 success in a suit is divided, the scale may be applied distributively, havingregard to partial success on either side.

B- ADVOCATE AND CLIENT COSTS

As between advocate and client, the minimum fees shall be-(a) the fees prescribed in A above, increased by one-half; or

(D) the fees ordered by the court, increased by one-half;

l-,400

2,800

3,150

1,400

r,000

3,500

1,500

l,500

r000

200

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(c) the fees agreed by the parties under paragraph 57 of this order, increased by one-half,as the case may be, such increase to include all proper attendances on the client and allnecessary correspondence.

SCHEDULE VIII

COSTS OF PROCEEDINGS IN TRIBUNAL UNDER T}IE LANDLORD ANDTENANT

(SHOPS, HOTELS AND CATERING ESTABLISMMENTS) ACT

A-PARTY AND PARTY COSTS

l. When an order has been made for payment of costs by either party and an

advocate has been employed, those costs, in addition to the Tribunal fees, may be

allowed to the successful party under paragraphs 6 and 7.

2. Costs exceeding the scale in this schedule may be allowed for special grounds' arising out of the nature and importance or the difficulty or the urgency of thecase.

3. Except for good reason, to be recorded, costs shall be awarded to the party whosubstantially succeeds upon the reference or other proceedings.

4. The value of the subject-matter shall be determined as follows--

(a) in a case where the amount of the annual rent is disputed, the differencebetween the amount proposed by the landlord and the amount offered by thetenant; or

(b) in a case where possession is claimed, one year's rent or one year's mesne

profits, plus the amount of any arrears of rent or mesne profits awarded, whichtotal shall be determined by the Tribunal; or

(c) in a case concerning authority to carry out repairs, the amount claimed or' awarded as the costs of the repairs, whichever is less; or

. (d) in proceedings under section 13 of the Landlord and Tenant (Shops, Hotels and

Catering Estabhshments) Act, the amount of compensation awarded; or whereno compensation is awarded, the amount of compensation claimed.

5. The "Lower Scale" in paragraph 6 shall be applied where the matter is disposed ofex parte, by consent or by a decision on a preliminary question of law notdependent on fact and the "Higher Scale" shall be applied in all other cases.

6. (l) The instruction fee, which shall include taking instructions, drawing orperusing or srmilar documents, engrossing and filing the same, may be computedin accordance with subparagraph (2)

(2) (a) Where the value of the subject matter-

ExceedsKSh.

1,000

2,000

3,500

Does not exceed Lower scale Higlrcr scaleKSh.

1,680

2,940

3,570

5,880

KSh.

l,000

2,000

3,500

5,000

KSh.

924

t,5t2

r,785

2.520

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Kenya SubiIdiary LegisTatrun' zuctr

5,000

7,500

10,000

20,000

s0.000

7,500

10,000

20,000 6.300

50,000 7,350

3,360

4,200

7,560

8,400

10,500

12,600

250,000 a fee as for Sh. 50,000 plus an additional 7'5 per cent on the

lower scale or 15 per cent or the higher scale in respect of the

excess'

over 250, 000 a fee for sh. 250,000 plus an additional l 5 per cent in respect of the

excess.

(b)onacomplaintwherenon-pecuniaryreliefotherthanpossessionissoughtsuchcostsas the Tribunal in its-discretion awards; bur not less than KSh. 2,100 if undefended or

unopposed, onO if oppot"d, a reasonable amount not exceeding KSh' l6'800'

(c) On proceedings tbr leave to levy distress' one-half the fee under (o)'

(r/)Inanyproceedingsnototherwiseprovidedfor'suchfeesastheTribunalmayassessbut not less that Sh' 2'I00'

KSh.

7. (a) On any necessary attendance on the Tribunal other than

at the hearing

(D) On any necessary attendance by an advocate at the offices

of the tribunal other than (a) above

(c) Attendances at the hearing:

(i) tbr each daY atier first daY

(ii) tbr each part of the day after the first day

(r/) where costs of adjournment of the case are awarded

(e) Service-

(i) wrthrn three kilometres of the Tribunal

(ii) every additional kilometre over three; such amount as is

reasonable, not exceeding per kilometre

(iii) by Post, if authorized

(fl Drawing and.filling affidavit or return of service to include

swearing t'ee

(g) Drawrng and filing any other affidavits; (for first four

tblios

(thereatier Per tblio)

B - ADVOCATE AND CLIENT COSTS

As between advocate and client the cost shall be -(a) the cost prescribed in A above' increased by one-half; or

(b) thecosts ordered by the Tribunal' increased by one-half; or

315

2r0

2,730

t,470

630

105

2l

63

63

315

42

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(c) the costs agreed by the parties under paragraph 57 of this Order, increased by one-halfas the may be, such increase to include all proper attendance on the client and allnecessary correspondence.

SCHEDULE IXCOSTS OF PROCEEDINGS IN TRIBUNALS UNDER THE RENT RESTRICTION

ACT OR ANY LEGISLATION AMENDING OR REPLACING TTIE SAME

A- PAETY AND PARTY COSTS

l. When an order has been made for payment of costs by either party and an advocate hasbeen employed, those costs, in addition to the Tribunal feei, may be allowed to thesuccessful party under paragraphs 6 and7.

2. Costs exceedrng the scale in this schedule may be allowed for special grounds arisingout of the nature and importance or the difriculty or the urgency of the case.

3. Except tbr good reason, to be recorded, costs shall be awarded to the party whosubstantially succeeds upon the reference or other proceedings

4. The value of the subject-matter shall be determined as follows-rr) in a case where the amount of the annual rent is disputed, the difference between

amount proposed by the landlord and the amount offered by the tenant; or

(b) rn a case where possessron is claimed, one year's rent or one year's mesne profits,plus the amount of any arrears of rent or mesne profits awarded which total shall bedetermined by the Tribunal; or

(c) in a case concerning authority to carry out repairs, the amount claimed or awarded asthe cost of the repairs, whichever is less; or

(r/) in proceedings under section 15 of the Rent Restriction Act, the amount ofcompensation awarded; o' where no compensation is awarded the amount ofcompensation claimed.

5.The "Lower Scale" in paragraph 6 shall be applied where the matter is disposed of exparte, by consent or by a decision on a preliminary question of law not dependent onfact and the "Higher Scale" shall be applied in all other cases.

6. (l) The instruction t'ee, which shall include taking rnstructions, drawing or perusingpleadrngs or similar documents, engrossing and filing the same, may becomputed inaccordance with subparagraph (2).

2. (a) Where the value of the subject matter-

ExceedsKSh.

r,000

2,000

3,500

5,000

7,500

Does not exceedKSh.

1,000

2,000

3,500

5,000

7,500

10,000

Iower scaleKSh.

924

1,512

l,785

2,520

3,360

4,200

Higher scaleKSh.

1,680

2,940

3,570

5,880

7,560

8,400

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Kenya Subsidiary Legislation, 2006 r025

t0,000

20,000

over 50,000

20,000 6,300

50,000 7,350

a fee as for Sh' 50'000 plus an additional 7'5 per cent on the lower

scale or 15 per cent on the higher scale in respect of the excess'

(b) on a complaint where non.pecuniary relief other than possession is sought, such costs

as the Tribunal in its discretion awards; but not less than KSh. 2,100 if undefended or

un-oppor"a,andifopposedareasonableamountnotexceedingKSh'16'800'

(c) On proceedings for leave to levy distress, one-half the fee under (a)

(rl) In any proceedings not otherwise provided for, such fees as the Tribunal may assess

but not less than KSh. 2'I00S/,.

(a) On any necessary attendance on the tribunal other than

at the hearing

(b) On any necessary attendance by an Advocate at the

offices of the tribunal other than (a) above

(c) Attendances at the hearing:

(i) for each full day after the first day

(ii) for each part of the day after the first day

(d) Where costs of adjournment of the case are awarded

(e) Service-

(i) within three kilometres of the Tribunal

(ii) every additional kilometre over three; such amount as

is reasonable, not exceeding per kilometre

(iii) by post, if authorized

(fl Drawing and filing affidavit or return of service to include

swearing fee

(g) Drawing and filing any other affidavits, for first four folios

thereafter Per folio

B-ADVOCATE AND CLIENT COSTS

As between advocate and client the costs shall be-

(a) the costs prescribed in A above, increased by one-halfor

(b) the costs ordered by the Tribunal, increased by one-half; or

(c) the costs agreed by the parties under paragraph 57 of this

order, incrJased Uy one-tratt as the case may be ' such

increase to include all proper attendance on the client and

all necessarY corresPondence

10,500

12,600

315

2t0

2,730

t,470

630

105

2t

63

63

315

42

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1026 Kenya Subsidiary Legislation, 2006

SCHEDL]LE X

PROBATE AND ADMINISTRATION

A _PAPTY AND PARTY COSTS

I. INSTRUCTION FEES

(a) To apply for grant of probate of written will, or proof of oral will, or letters ofadministration with or without will annexed, the proceedings not being contested:where the gross capital value of property comprised in the granl_

Exceeds

KSh,

r0,000

50,000

200,000

1,000,000

But does not exceed

KSh.

10,000

50,000

200,000

I,000,000

KSh.

4,200

6,300

8.400

r0,500

6,300

4,500

r,050

1.5 per cent of the value on rhe first Shs. 1,000,000 thereof and threequarters per cent over Shs. I,000,000.

(b) To apply for re-sealing a grant, the proceedings contested; four-fifths of the

fee provided under paragraph (a).

(c) To apply for confirmatron of grant-'(i) if uncontested 3,150

(ii) if contested; such sum as the taxing officer shallconsider reasonable, but not less than

(d) To apply for grant or re-sealing where the proceedings arecontested; not less than twice the fee prescribed byparagraph (a) or (b)

(e) To lodge a caveat or a renunciation of a right torepresentation

(f) To lodge an objection to grant, or a citation or otherapplication or proceedings under any provision of theLaw of Succession Act not otherwise provided for in thisSchedule; such sum as the taxing officer shall considerreasonable, but not less than

(g) To render an inventory or account, including an estate dutyaffidavit, corrective estate duty affidavit and inventoryrncluded in or annexed to an affidavit in support ofpetition: KShs. 2.10 per KShs. 20,000 of net estateincluded therein, multiplied by the number of entries, butnot less than

2. DRAWING

(a) Each form or document prescribed under or required bythe Law of Succession Act

or per folio840

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Kenya Subsidiary Legislat iott, 2006 ro27

(b) An inventory or account, except where embodies in a

prescribed form,

including an estate duty affidavit and corrective estateduty affidavit

or per entry

3. COPIES

Per foiio

4. PERUSING

(n) Wills and codicils

or per folro

(b) Any other form or document prescribed under or requiredby the Law of Succession Act

or per folro

5. LETTERS AND ATTENDANCES

Including those necessary ln ascertaining the particulars and

extent of an estate, rdentrties concerned, the raising andsettlement of estate duty and all other work referred to inparagraph 18 (e) and 5l (c) of thrs Order (other than thatrncluded in rtem 6 of this Schedule)-

(n) Letter dtspatched

or per folio

(b) Letters received and perused

or per folio

(c) Attendances-

(r) in ordinary cases per l5 mrnutes or part thereof

(rr) routine telephone calls withrn Kenya for 3 minutes orpart thereof

(iii) in other cases the taxrng officer may lncrease ordrminrsh the above charges rf, tbr any specral reason,he sees it fit.

6. ACTUAL ADMINISTRATION OF A TESTAMENTARYOR OTHER ESTATE OR TRUST

(a) Such annual or seml-annual fee as may be reasonable tn

the circumstances, having regard to the care and labourrequrred, the number and length of the papers to beperused, the value and complexity of the estate, theinterest of the parties and all other circumstances.

630

2l

2l

840

84

420

50

2t0

126

t26

50

500

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1028 Kenya Subsidiary l"egislation, 2006

b) Annual or semi- annual commission of such amount as thetaxing officer shall consider reasonable, having regard toall the circumstances, but not exceeding in aggregite thefollowing rates-

(i) on the estimated net capital value of the estate two andone-half per cent per annum;

(ii) on the amount of the income if the estate in a year orhalf year- three per cent; and

(iii) on the capital value of any portion of the estate whichis realized or invested during a yer or half year: - oncandone-half cent, or at the election of the advocate.

c) An amount based upon Schedule V:

'rovided that-(i) in rdlation to a shorter period thin a year or half-year,

the Commission under paragraph (b) (i) shail becalculated with reference to that period; and

(ii) a fee or commission charged under paragraph (a) or(b) shall include all necessary correspondence receivedand sent and attendances relative thereto and thepreparation of the set of inventories or accountsrequired of formal documents filed or proceedingstaken under the Law of Succession Act shall becharged for separately under the appropriate paragraphofthis Schedule.

B - ADVOCATE AND CLIENT COSTS

l contested matter under the Law of Succession Act, the feess between advocate and client shall be-r) the fees prescribed in A above increased by one-half; or

,) the fees ordered by the court, increased by one-half; or

:)the fees agreed by the parties under paragraph 57 of thisorder increased by one-half as the case may be, suchincrease to include all proper attendances on the client andall necessary correspondence.

Made on l2th October,2006.

J. E. GICHERU,Chief Justice.

PRTNTED AND puBusrco ny nc coffi