BY SAM ALFAN.
The Court of Appeal has suspended further proceedings involving a law firm linked to Kisumu Senator Tom Ojienda including taxation of a bill of costs against Nairobi county government.
Judges Kathurima M’Inoti, Dr Imaana Laibuta and Mwaniki Gachoka suspended further proceedings pending before the Employment and Labour Relations court until the appeal filed by the county government is determined.
“The upshot of the foregoing is that the applicant has satisfied the twin principles for grant of an order for stay of proceedings under Rule 5(2) (b). Accordingly, we allow the application but, on the issue of costs, we order that the same shall abide the outcome of the appeal,” ruled the Judges.
The judges said if not stopped, and the re-taxation is done on the subject matter as directed by the learned Judge, the appeal will be rendered an academic exercise.
“On the other hand, if the applicant is unsuccessful in the intended appeal, the re-taxation will be done afresh taking into account the holdings of the High Court. In the circumstances of this case, a stay of proceedings is necessary pending the hearing and determination of the intended appeal,” said the judges.
Nairobi County Government moved to the appellate court after the taxing awarded prof Ojienda Sh448,328 against a bill of costs of Sh156,729,200 and ordered the re-taxation of an item in another bill of costs of November 2017.
According to the county government, the judge failed to take into consideration that the taxing master was properly guided by law and exercised her discretion properly.
Ojienda has fixed the re-taxation of the bill of costs dated 27th November 2017 based on the value of the subject matter at value of Sh. 5.4 billion.
The County government was apprehensive that the bill will be taxed based on the value of subject matter of Sh5.4 billion, rending the appeal useless.
Senator Tom Ojienda had opposed the County Government application saying that there is no proper notice of appeal on record.
“There is no proper notice of appeal on record as the notice dated 26th July 2021 was filed before the applicant obtained leave to appeal, the intended appeal is not arguable, the intended appeal will not be rendered nugatory if stay is not granted; and that public interest is in favour of declining the grant of the orders sought,” Ojienda told the court.
He had claimed that notice of appeal was not filed but court found that notice was filed and that Court has jurisdiction to deal with the application
