SPECIAL ISSUE Kenya Gazette Supplement No. ……. Date__________ (Legislative Supplement No.

)

LEGAL NOTICE NO. THE ADVOCATES ACT (Cap. 16)

IN EXERCISE of the powers conferred 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 (REMUNERATION) (AMENDMENT) ORDER, 2012 1. This Order may be cited as the Advocates (Remuneration) (Amendment) Order, 2012.

2. The principal Order is amended by changing all the references in the Order from Roman numbers to numeric references. 3. The principal Order is amended by replacing regulation 18 with the following regulation: "Subject to paragraph 22, the remuneration of an advocate in respect of conveyancing and general business (not being in any action or transacted in any court or in chambers of any judge or registrar) shall be regulated as follows, namely –

Sales, purchases and securities (a) in respect of sales and purchases of immovable property or an interest therein and in respect of debentures, mortgages and charges and in respect of negotiating commission on sales and mortgages, the remuneration is to be that prescribed in Schedule 1: Provided that where the advocate acting for a vendor does not prepare a letter of agreement, heads of agreement or agreement for sale the scale fee is reduced by onethird.

2

Leases and agreements for lease of land (b) in respect of leases, agreements for lease or conveyances reserving rents or agreements for the same, the remuneration is to be that prescribed in Schedule 2;

Companies formations, incorporations and registrations (c) in respect of business in connexion with the formation, incorporation and registration of companies, the remuneration is to be that prescribed in Schedule 3;

Trademarks (d) in respect of business in connexion with registration of and proceedings concerning trademarks, the remuneration is to be that prescribed in Schedule 4;

Estates (e) in respect of business in connexion with probate and the administration of estates, the remuneration is to be that prescribed in Schedule 10; and

Uncompleted transactions and other business (f) in respect of any business referred to in subparagraphs (a) to (e) of this paragraph

which is not completed, and in respect of other deeds or documents, including settlements, deeds of gift inter vivos, assents and instruments vesting property in new trustees, and all other business of a non-contentious nature, the remuneration for which is not herein before provided, the remuneration is to be that prescribed in Schedule 5. Patents, designs and utility models (g) in respect of business in connexion with the registration of patents, designs and utility models as well as proceedings concerning patents, designs and utility models, the remuneration is to be that prescribed in Schedule 12. 4. The principal Order is amended by inserting a new regulation immediately after regulation 51C to be numbered 51D providing as follows: Subject to paragraph 22, the scale of costs applicable to proceedings before Tribunals other than those under schedules 8 and 9 of this Order except where otherwise prescribed under the Act setting up the Tribunal is that set out in Schedule 11. 5. The principal Order is amended by deleting all Schedules thereto and substituting therefor
2

3

the following new Schedules:SCHEDULE 1 FIRST SCALE 1. SCALE FEES ON SALES AND PURCHASES AFFECTING LAND

REGISTERED IN ANY REGISTRY

Vendor's Advocate and Purchaser's Advocate The scale fee shall be calculated cumulatively on the basis of the consideration or value of the subject matter as follows.

(i)

From KShs.1 to KShs.5,000,000 - 5% on the consideration or the value of the subject matter 0r KShs.50,000 whichever is higher.

(ii)

From KShs.5,000,001 to KShs.100,000,000 - the fee prescribed in (i) above plus 1.25% of the balance.

(iii)

From KShs.100,000,001 to KShs.250,000,000 - the fee prescribed in (ii) above plus 1 % of the balance.

(iv)

From KShs.250,000,001 to KShs.1,000,000,000 - the fee prescribed in (iii) above plus 0.2% of the balance.

(v)

In respect of an amount where the consideration or value is more than KShs.1,000,000,000 - the fee set out in (iv) above plus 0.1% of the balance.

SECOND SCALE 2. SCALE FEES ON DEBENTURES, MORTGAGES OR CHARGES AFFECTING LAND REGISTERED IN ANY REGISTRY

In this paragraph and the notes thereto, "Security" means:
3

4

(i)

any mortgage or charge of land (including an equitable or charge by deposit of documents of title);

(ii)

any debenture of any nature creating a security.

(a)

Advocate for the grantee: Scale fee on the creation of a Security

Subject to the notes set out below, the scale fee for the creation of a security payable to the advocate for the grantee of the Security shall be calculated cumulatively on the basis of the consideration or the value of the subject matter as follows:

(i)

From KShs.1 to KShs.2,500,000 - 3% on the consideration or the value of the subject matter or KShs.50,000 whichever is higher.

(ii)

From KShs.2,500,001 to KShs.5,000,000 - the fee prescribed in (i) above plus 2% of the balance.

(i)

From KShs.5,000,001 to KShs.100,000,000 - the fee prescribed in (ii) above plus 1% of the balance.

(iv)

From KShs.100,000,001 to KShs.250,000,000 - the fee prescribed in (iii) above plus 0.75% of the balance.

(v)

From KShs.250,000,001 to KShs.1,000,000,000 - the fee prescribed in (iv) above plus 0.15% of the balance.

(vi)

In respect of an amount where the consideration or value is more than KShs.1,000,000,000 - the fee set out in (v) above plus 0.1% of the balance.

(b)

Advocate for the grantee: Scale fee on the discharge of a Security Subject to the notes set out below, the scale fee payable to the advocate for the grantee of the Security for the reconveyance, reassignment or discharge of a Security shall be:
4

15. 5 . (c) Advocate for the grantor: Scale fee on the creation of a Security Subject to the notes set out below.000. 2. responsibility. The fee on a single debenture of any nature not creating a security shall be calculated under Schedule 5 according to time. 25% of the scale fee set out under paragraph (a) subject to a minimum charge of KShs. NOTES TO THE SECOND SCALE 1. reassignment or discharge of a Security shall be 25% of the scale fee set out under paragraph (a) subject to a minimum charge of KShs. the scale fee for the creation of a security payable to the advocate for the grantor of the Security shall be 50% of the scale fee set out in paragraph (a) above.12. 15% of the scale fee set out under paragraph (a) subject to a minimum charge of KShs. The scale fee on a debenture trust deed creating a security shall be calculated on the total capital for which the trust drawn in accordance with paragraph (a) above plus 15% per cent thereof.10. The scale fees for the creation or discharge of an equitable mortgage by deposit of documents or a memorandum of charge by deposit of title shall be 50% of the fees specified in paragraphs (a) to (d) above subject to a minimum fee of KShs.500/=. (d) Advocate for the grantor: Scale fee on the discharge of a Security Subject to the notes set out below.000.000. (ii) where there is no undertaking required for the redemption of all or part of the secured debt.5 (i) where there is an undertaking required for the redemption of all or part of the secured debt.15. 3. the scale fee payable to the advocate for the grantor of the Security for the reconveyance. complexity and.

6 4. Subject to regulation 23A of the principal Order. whether contemporaneously or subsequently. THIRD SCALE 6 . in favour of the same grantee to secure the same or a lower amount. Unless otherwise agreed by the parties in writing. the grantor of a Security shall pay the fees of the advocate for the grantee as well as the fees of its own advocate. Where a mortgage or charge comprises more than one immoveable property. he shall charge the scale fee payable to the advocate for the grantee of the Security and one half of the scale fee payable to the advocate for the grantor of the Security. 6. 5. a sum equivalent to ten per cent (10%) of the prescribed fee shall be charged in respect of the second immoveable property and a sum equivalent to five per cent (5%) of the prescribed fee shall be charged in respect of the third and each subsequent immoveable property. Where one advocate represents both the grantee and the grantor of a Security. then the fee payable shall be the full prescribed fee in respect of the first grantor and a sum equivalent to five per cent (5%) of the prescribed fee in respect of each grantor thereafter. 8. where two or more Securities are created. Where a Security is created by in favour of more than one grantee. then the fee payable shall be the full prescribed fee in respect of the principal Security plus twenty five per cent (25%) of the prescribed scale fee for the first additional Security and ten per cent (10%) for each subsequent additional security. Where a Security is created by more than one grantor in favour of the same grantee to secure the same amount. 6. 7. no addition shall be made to the prescribed fee. the total fees to be divided equally between the grantors unless otherwise agreed by all the grantors in writing.

2.200.000 per KShs.52 KShs. “Mortgage” includes a conveyance. or an agreement to convey.600. interest or. In calculating fees payable under any of the above scales a fraction of KShs.30 2.000 per KShs.000 Over KShs.2.000 up to and including KShs.1. assignment or other assurance.200.000 shall be accounted as one-half but over KShs.000 to KShs.000 Over KShs. and "charge" includes an agreement to charge immovable property or any estate. In the above scales. 7 . KShs.000 Note: 1.1. other right therein to secure the payment of moneys.2. but neither word includes a memorandum of equitable mortgage by deposit of documents or a memorandum 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.000 shall be accounted as a whole unit of calculation.600.112 KShs.2. interest or other right therein to secure the payment of moneys.000 per KShs. assign or otherwise assure the immovable property or any estate.7 SCALE OF NEGOTIATING COMMISSION ON SALES AND MORTGAGES For negotiating a sale of property by private treaty or loan secured by mortgage On the first KShs.

8 SCHEDULE 2 SCALE OF CHARGES FOR THE PREPARATION OF LEASES. (b) From KShs.000 .the fee prescribed in (a) above plus 3% on the balance.500. AGREEMENTS. Charges as to conveyances in fee.000 .001 to Shs. 2. agreement for lease or tenancy agreement capable of being effected by way of an endorsement on or annexure to the original instrument.20. Scale fees to the advocate preparing.3. or building leases reserving rent or other long leases not at a rack rent.000. the charge shall be calculated under Schedule 5.1 to Shs. Where a varying rent is payable the amount of the annual rent means the amount of the highest rent payable under the lease or agreement.000 whichever is higher. (c) In respect of an amount where the annual rent is more than KShs. To the advocate perusing.500.000.3. or agreement for 8 .15% of the annual rent or KShs.000 the fee prescribed in (b) above plus 1% on the excess amount. In the case of extension of the term of a lease. or for any other freehold estate reserving rent. 2. settling and completing lease or agreement and counterpart shall be calculated on the basis of the annual rent reserved by the Lease as follows: (a) From KShs. Notes 1. amending and Fifty (50%) per cent of the fees payable completing lease or agreement or counter part under 1 above. 3. FOR LEASES AND TENANCY AGREEMENTS AT A RACK RENT 1.

REGISTRATION OF FOREIGN COMPANIES Such fee taking into account the complexity and responsibility of the matter. whether the company is private or public. SCHEDULE 3 FORMATION. the fee to cover taking instructions to incorporate the company. shall be calculated under Schedule 5. drawing memorandum of association (if any). as may agreed between the advocate and the client but in any event not less than KShs. as may agreed between the advocate and the client but in any event not less than KShs.9 the same respectively.60.000. 3. preparing and lodging all necessary company forms at the Companies Registry on the incorporation of the company (but excluding any prospectus) and procuring certificate of incorporation including all routine attendances and correspondence in connection therewith. with or without share capital: Such fee taking into account the complexity and responsibility of the matter. INCORPORATION AND REGISTRATION OF COMPANIES 1. OTHER COMPANY WORK All work relating to company matters other than that for which fees are prescribed in this Schedule shall be charged under the appropriate Schedule. FORMATION AND INCORPORATION OF COMPANIES WITH SHARE CAPITAL A free calculated according to the following scales.60. 2. 9 .000.

the grounds for cancellation being the same (g) Instructions to file an application for variation of terms of appointment of registered user 3. 50.000 50.000 20.000 20. depending on amount of work involved but not less than (f) And for each subsequent registered trade mark included in the same application for cancellation.000 36. 20.10 SCHEDULE 4 TRADE MARKS PARTICULARS 1. depending on the amount of work involved but not less than (d) Instructions to file an application under Section 31(8)(b) for cancellation of a registered user in respect of one registered trade mark or more than one registered trade mark of same proprietor – (i) For the first or single registered trade mark (ii) For the second registered trade mark (iii) For the third registered trade mark and each subsequent trade mark.000 20.000 20.000 30.000 30. applications being filed simultaneously (b) Drawing statement of case.000 15. statutory declaration in support and application.000. APPLICATIONS (a) Instructions to register one trade mark in one class (b) Instructions to register second and further trade marks in the name of the same proprietor simultaneously per trade mark in one class (c) Filing priority application 2.000 50. application being filed simultaneously (e) Drawing application for cancellation and statement of ground.000 20.000 . REGISTERED USERS (a) Instructions to file an application to enter one registered user of one registered trade mark or more than one registered trade mark of the same proprietor incorporated in the same set of documents and subject to the same conditions and restrictions in each case – (i) for the first one single registered trade mark (ii) for the second registered trade mark (iii) for the third registered trade mark and each subsequent registered trade mark. depending on the amount of work involved but not less than (c) Drawing registered user agreement. ASSIGNMENTS 10 KSH.000 30.

000 5. CHANGE OF NAME (a) Instructions to register change of name of the registered proprietor in respect of one trade mark in one class (b) Instructions to register change of name of the registered proprietor in respect of second and further trade marks simultaneously for each change of name per trade mark in one class 30.000 30. RENEWALS (a) Instructions to renew the registration of one trade mark in one class (b) Instructions to renew the registration of second and further trade marks in the same proprietor simultaneously (c) Instructions to restore the registration of one trade mark in one class under the provisions of rule 68 of the Trade Marks Rules 30.000 25.000 6.000 20.000 .000 30. CHANGE OF ADDRESS (a) Instructions to register change of address of the registered proprietor in respect of one trade mark in one class 11 30.000 20.000 30.000 20.11 (a) Instructions to file an application to register a subsequent proprietor of one registered trade mark (or more than one registered trade mark standing in the same name under the same devotion of title and filed simultaneously) with or without goodwill – (i) for the first registered trade mark (ii) for the second registered trade mark (iii) for each subsequent registered trade mark (b) Instructions to file application for directions by the Registrar for advertisement of the assignment of trade marks in use without goodwill and attending to the advertisement thereof – (i) for one registered trade mark assigned (ii) for every other registered trade mark assigned under the same devolution of title filed simultaneously (c) Instructions to apply for extensions of time in which to apply for directions to advertise an assignment without goodwill 4.000 20.000 50.

000 .000 5. (b) Instructions to obtain Registrar’s preliminary advice on Form T. 28 including drawing the prescribed form (c) Instructions to obtain registry certified copies of documents (i) One copy of any document (ii) Second and additional copies of same document obtained simultaneously 10.000 30.12 (b) Instructions to register change of address of the registered proprietor in respect of second and further trade marks simultaneously for each change of address per trade mark in one class 7.M.M. SEARCHES AND COPIES (a) Attendances to search a registered trade mark at the registry and advising thereon. the value of the trade mark to the parties concerned.000 5. OPPOSITION AND RECTIFICATION PROCEEDINGS (a) Instruction to enter opposition or to defend opposition proceedings or to apply for rectification or to defend rectification proceedings where such opposition or proceedings are conducted before the Registrar.000 25.000 50. Such fee as the taxing officer in the exercise of his discretion and taking into consideration the nature and importance of the opposition or rectification.000 10. taking judgment. the amount of evidence filed and the time required for the proceedings and all other relevant circumstances shall decide but not less than (b) Attendance before the Registrar conducting opposition or rectification proceedings every whole day (c) Every half-day or part thereof (d) On interlocutory matters. per trade mark per class 25. etc every 15 minutes or part thereof (e) On taxation of bill of costs for every 15 minutes of part thereof 12 250.000 5. 27 or T.500 9.000 8.000 2. ALTERATIONS OR AMENDMENTS (a) Instructions to amend or alter one registered trade mark in one class (b) Instructions to amend or alter second and further registered trade marks simultaneously in one class.000 25.

000 2. counter-statements. but they do not cover additional matters shown in items 9 and 10 and work occasioned by objections or queries by the Registrar or third parties or by any other complication or unusual delay.2.000 1000 1000 5. 1.13 10.000 13 . per quarter hour or part thereof (g) Applying to the Registrar for an extension of time Note – The fees in items 1.4. 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 for whom the Advocate is acting). etc – Per letter or per folio (d) Drawing other necessary documents (notices of opposition. MISCELLANEOUS MATTERS (a) Instructions to advise on registrability of a mark or on a point of law or practice.5. etc) (i) Per folio (ii) Files copies per folio (e) Perusing documents. which matters shall be charged for separately on time basis. unless otherwise provided. pleadings.000 500 1. of drawing statutory forms and authorization of agent as necessary.000 10. statutory declarations etc.6. 7 and 8 above are inclusive. documents. and of all necessary routine correspondence with and attendances at the registry and correspondence with the client. statutory declarations.3. pleadings. statutory declarations. such fee as may be reasonable in the circumstances but not less than (b) Attendance on the Registrar for filing papers every 15 minutes or part thereof – 25.500 (c) Correspondence where charged for separately (see the note to this part of this schedule) – (i) Per letter or folio (ii) Receiving and perusing letters.

PART II . DRAWING AND PERUSING.ALTERNATIVE METHOD OF ASSESSMENT 1. may be fair and reasonable. 2. the nature or importance of the matter. 2. ETC KShs. ATTENDANCE In ordinary cases per 15 minutes or part thereof On routine telephone calls within Kenya for 15 minutes or part thereof 14 4. the number and length of the papers to be perused. An advocate may charge his fees at such hourly rate or rates as may be agreed with his client from time to time.AGREED HOURLY RATE 1. the interest of the parties. complexity of the matter and all other circumstances the case. INSTRUCTIONS Such fee for instructions as. For drawing For engrossing For fair copying For perusing 200 40 30 60 3.000 120 . Fees falling to be assessed under this Schedule may either be charged in accordance with paragraph 2 of this Part or assessed in accordance with Part II.14 SCHEDULE 5 FEES IN RESPECT OF BUSINESS THE REMUNERATION FOR WHICH IS NOT OTHERWISE PRESCRIBED OR WHICH HAS BEEN THE SUBJECT OF AN ELECTION UNDER PARAGRAPH 22 PART I . but so that due allowances shall be given in the instruction fees for other charges raised under this Schedule. the amount or value of the subject matter involved. having regard to the care and labour required.

Where the amount of the debt does not exceed KShs. but not less than 30.000 Provided that the taxing officer may increase or diminish the above allowance if for any special reason he sees it fit. 8.000 and provided further that where the letter of demand is followed by the institution of proceedings at the instance of the same advocate the scale does not apply and the letter shall be charged for under item 5 of this Schedule or under Schedule 6 or Schedule 7 as may be appropriate.500. Provided that in any case where not more than one letter of demand has been written the scale shall be reduced by one-half. subject to a minimum fee of KShs.000 but does not exceed KShs.000: KShs.20.100. DEBT COLLECTION In respect of non-contentious debt collection matters an advocate may enter into a general agreement with a client to charge therefor upon the following inclusive scale in lieu of charging per item for work done.000 plus 10% of the amount over Sh 100.000: Where the amount of the debt exceeds KShs. CORRESPONDENCE Letters Receiving and perusing letters or per folio 6. TIME ENGAGED Where charge is so based in lieu of charges per item of work done per for 15 minutes or part thereof 5.000 2000 100 50 4. such fee as may be reasonable in the circumstances.000 15 20% .000 7.1.15 In other cases the taxing officer may increase or diminish the above charges if for any special reason he sees it fit 4.000 2. JOURNEY FROM HOME For every day of not less than seven hours employed in travelling Where a lesser time than seven hours is so employed. having regard to the same considerations as set out above for the assessment of instructions. per hour 15.100. OPINIONS For formal written opinion.

500.000 Where the amount of the debt exceeds KShs.70.145.2.5% of the amount over Sh 2.50.50. Where the amount secured does not exceed KShs.2. stamping and registration.000 plus 1.000. KShs.000: KShs.000 but does not exceed KShs. CHATTELS TRANSFERS For drawing and completing an instrument under the Chattels Transfer Act including all necessary and proper searches.000 9. 16 .000 one half of the scale KShs.000.000: 5. affidavits.000: Sh 500.16 Where the amount of the debt exceeds KShs.000.000 Where the amount secured exceeds KShs.000 plus 5% of the amount over fee under paragraph (a) of the Second Scale of Schedule 1 adjusted in accordance with the notes to that Schedule.

petition. judgment or settlement between the parties and – That value exceeds KShs.000 (b) To sue in any proceedings described in paragraph (a) where a defence or other denial of liability is filed. (c) In a suit where settlement is reached prior to confirmation of the first hearing date of the suit the fee shall be 90% of the fee chargeable under item 1(b) of this Schedule.000. originating summons or notice of motion) in which no defence or other denial of liability is filed.5% KShs.000. 50.000 750. 500. INSTRUCTION FEES Subject as hereinafter provided. 500. judgment or settlement between the parties and – KShs.000 plus an additional 1. or to have an issue determined arising out of interpleader or other proceedings before or after suit.000. where the value of the subject matter can be determined from the pleading. The fees for instructions in suits shall be as follows. But does not exceed KShs.000. unless the taxing officer in his discretion shall increase or (unless otherwise provided) reduce it: (a) To sue in any proceedings (whether commenced by plaint.000 .000 75.17 SCHEDULE 6 COSTS OF PROCEEDINGS IN THE HIGH COURT A-PARTY AND PARTY COSTS 1.000 KShs.000 Over 20.000 fees as for Shs.000 1.000 750. or to present or oppose an appeal where the value of the subject matter can be determined from the pleadings.000 1.000 17 Shs. 100.75 per cent Fees as for 20.000. 1.000.000 20. the fees for instructions shall be as follows – (a) To sue in an ordinary suit in which no appearances is entered under Order IX A of the Civil Procedure Rules where no application for leave to appear and defend is made. 500. (b) To sue or defend in a suit in which the suit is determined in a summary manner in any manner whatsoever without going to full trial the fee shall be 85% of the fees chargeable under item 1(b). the fee shall be 70% of the fees chargeable under item 1(a).000 100.000 plus an additional 1.

or restitution of conjugal rights: where the proceedings are not defended 100. an instruction fee calculated under subparagraph 1 (b) BANKRUPTCY PROCEEDINGS– (i) debtors application to present or oppose a debtor’s petition to apply or oppose discharge Creditor’s application: to apply for issue of a bankruptcy notice to apply or oppose a creditors petition to apply for or oppose a discharge 50.000 plus an additional 1. (d) (e) 50. an instruction fee calculated under sub-paragraph 1(a).000 200.5 per cent (c) To defend proceedings where the defendant substantially adopts the defence of another defendant.18 500.000 350.000 (g) MATRIMONIAL CAUSES – (i) to present a petition for dissolution of Marriage. To defend any other proceedings. judicial separation.000 to present or oppose any other Proceedings under the Companies Act 75.000 1.000 (ii) (f) COMPANIES – (i) to present or oppose proceeding under rule 5(1) of the Companies (Winding-up) Rules (ii) (iii) 50.000 Where the proceedings are defended.000 1.000.000 plus an additional 2 per cent.000.000 50.000 750.000 Over 20.000.000.000 20.000 to support a petition for winding-up of Company 75.1.000 50.000. Fees as for 20.000 50. or to defend proceedings.000.000 Fees as for KShs.000 KShs.000 750. nullity. such sum as may be 18 .

000 (i) ELECTION PETITION such sum as may be reasonable but 3.000.000 30.000 (h) ADOPTION AND GUARDIANSHIP(i) to present or oppose an application for adoption such sum as may be reasonable but not less than 150.000 20.000 50.000 To present or oppose an election petition.19 (ii) reasonable but not less than to apply for additional or ancillary relief. (iii)the amount or value of the subject matter. (v) where the matter is not complex or opposed such sum as may be reasonable but not less than 250.000 (iii) to apply for a Registrar’s Certificate (iv) to present or oppose an application to a Judge under the matrimonial Causes Rules or Laws on Guardianship not otherwise provided for: such sum may be reasonable but not less than 50. (ii) the complexity of the matter and the difficulty or novelty of the question raised. or for custody or access: If the application is dealt with together with the petition or answer.000 (ii) to present or oppose an application for guardianship such sum as may be reasonable but not less than 150. not less than (j) CONSTITUTIONAL PETITIONS AND PREROGATIVE ORDERSTo present or oppose an application for a Constitutional and Prerogative Orders such fee as the taxing master in the exercise of his discretion and taking into consideration the following criteria: (i) The nature and importance of the petition or application. (iv) the time expended by the advocate(s). as the case may be If the application is not dealt with together with the petition or answer 150.000 19 .

000 (v) to prepare a case stated for the opinion of the court.000 (n) to prepare an affidavit to prepare interrogatories or answers thereto 15. such sum as may be reasonable but not less than 50.000 APPEALS (m) To present or oppose an appeal in any case not provided for above.000 if opposed 20 100. OTHER MATTERS (l) To sue or defend in any case not provided for above.000 to apply for a commission or letter of request for the examination of a witness 15.000 .000 (iv) to prepare a brief for counsel in relation to a Commission for examination of a person not residing in Kenya. such sum as may be reasonable but not less than To counter-claim.000 ARBITRATION (k) To present or oppose objections to an award made by an arbitrator 100. as appropriate (o) (i) (ii) (iii) Matters arising during proceedings – 5.20 (vi) where the matter is opposed and found to satisfy the criteria set out above but not less than 350. such sum as may be reasonable but not less than 20. such sum as may be reasonable but not less than 100.000 100. a fee under subparagraph (a) or (b). whichever is greater.000 (vi) unopposed to present an application for a temporary injunction or similar order if 50.000 or 10% of the arbitral award.

such sum as the judge may certify to be reasonable but not less than 100. and all other relevant circumstances. the following rules shall apply – (a) where the plaintiff accepts payment into court under the provisions of Order 27. (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 and other charges shall be doubled where requisite. (ii) in any case which a certificate for more than one advocate has been given by the judge. where the application is unopposed 50. such sum as may be reasonable but not 75. the amount involved. (iv) for the purposes of assessing an instruction fee in any suit – (a) for possession of premises. increased by sum equivalent to the annual rental value of the premises or to one-tenth of the capital value of the premises. the value of the subject matter shall be taken to be the arrears of rent or mesne profits. he may claim the full instruction fee.21 (vii) to present or oppose in cases where the judge shall certify that the matter is complex. the interest of the parties. but before one month after setting down of the case for hearing. a direction by the trial judge. the general conduct of the proceedings. (b) where the plaintiff accepts payment into court after the time allowed by Order 27.000 (viii) to present or oppose any other application not otherwise provided for. he 21 . rule 2(1). the allowance for attendances of senior counsel in court conducting or leading the cause being on the higher scale. (v) for the purposes of assessing an instruction fee in a case where payment into court has been made under Order 27 of the Civil Procedure Rules. whichever is higher. with or without a claim for arrears of rent. the nature and importance of the cause or matter.000 less than Provided that - (i) the taxing officer.000 where the application is opposed. 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 instruction fee allowed on taxation as between party and party shall be increased by one-half and other charges shall be doubled where requisite. or (b) for specific performance of a lease. if any that may be found due. rule 2(1). in the exercise of this discretion.

22 may claim three quarters of the instruction fee: (c) where the plaintiff does not accept the payment into court and does not recover more than the payment. petition of appeal. originating summons. FEES FOR GETTING UP OR PREPARING FOR TRIAL In any case in which a denial of liability is filed or in which issues for trial are joined by the pleadings. he may claim his costs to the date of payment. (ii) no fee under this paragraph is chargeable until the case has been confirmed for hearing. including one-half of the fee. interlocutory application. DRAWING (a) Concise statement. adjustment or satisfaction of suit. if the judge so directs. or for reference to arbitration or any other pleading not otherwise provided for – KShs. 4. agreement for compromise. interrogatories. 3.500 250 . 2. affidavit. the taxing officer may allow such a fee in addition to the instruction fee and such a fee shall not be less than one-third of the instruction fee. (i) (ii) four folios or less in excess of four folios. be allowed against the party seeking the adjournment in respect of each occasion upon which a confirmed hearing is adjourned: (iii) in every case which is not heard the taxing officer must be satisfied that the case has been prepared for trial under this paragraph. plaint. notice of motion or chamber application. FEES FOR GETTING UP AN APPEAL In any appeal to the High Court in which a respondent appears at the hearing of the appeal and which the court at the conclusion of the hearing has certified that in view of the extent or difficulty of the work required to be done subsequently to the lodging of the appeal the case is a proper one for consideration of a getting up fee. additional per folio after the first four folios 22 1. written statement of defence. but an additional sum of not more than 15 per cent of the instruction fee allowed on taxation may. a fee for getting up and preparing the case for trial shall be allowed in addition to the instruction fee and shall be not less than one-third of the instruction fee allowed on taxation: Provided that – (i) this fee may be increased as the taxation officer considers reasonable but it does not include any work comprised in the instruction fee.

per folio The actual cost of copies of judge’s notes taken from day to day as a case proceeds may be allowed if certified by the trial judge. or for reference to arbitration. exhibit bill of costs and every other document (whether for court or opposing party). interrogatories. petition of appeal. 23 25 (b) (c) . per folio Affidavit or return of service 9. per folio All other documents (including proofs Of witnesses.23 (b) Creditor’s or debtor’s petition that a debtor be adjudicated insolvent. written statement of defence.500 250 (c) Petition for winding up of a company incorporated under the Companies Act – (i) nine folios or less (ii) in excess of nine folios. evidence) so far as necessary Per folio Bill of costs. 5. the judge may direct that the costs of any repetitive or unnecessary matter shall be disallowed. (a) COPIES Of plaint. cross objection to petition. replies to interrogatories. supported by vouchers of all necessary printing. or notice of objection thereto – (i) (ii) six folios or less in excess of six folios per folio 1. affidavit. agreement in satisfaction of suit.500 500 (d) 500 500 500 (e) (f) Provided that in relation to paragraph (a)(ii)(b)(ii)(c)(ii) and (d). 25.per page or folio Printing actual costs.

actual costs. 2. if in court hours. ATTENDANCES Ordinary Scale KShs.250 2.000 20.500 (d) Routine telephone calls each necessary telephone call allowed per three minutes or part thereof With a judge on a view.500 5. CORRESPONDENCE Letters before action or other necessary letters or per folio 7.000 15.000 2.500 - 1. in addition to all expenses properly incurred in getting to and from the place viewed All necessary attendance (including Attendances to take minutes of evidence of witnesses other than the party for whom the 24 500 - (f) 2. per folio 10 25 6.000 2000 100 Higher Scale KShs.500 - (g) .500 10.500 (c) 2.000 30.24 (d) (e) Photostat copies per page. (a) On any necessary application to or formal attendance on the registrar or deputy registrar (b) At offices of Court or registrar on routine Matters At court in chambers on matters on a date fixed by the court for hearing when the case cannot be taken or by advocate for calling his lists At court or in chambers before judge not otherwise provided for: (i) (ii) (iii) (iv) (e) half-hour or less one hour half-day whole day 1. supported by vouchers of all necessary photocopying. All other necessary copies. the same fees for attending in court conducting case. if out of court hours per hour including traveling time.

000 Attendance at court filing application 25 (b) 1. per folio 1. petition in insolvency. SERVICE (a) within three kilometers of the High Court or district registry of the High Court 2. notice of motion in court. (c) Where service is by post or by any other mode of substituted service. 8.25 advocate is appearing) of any nature whatsoever not otherwise provided for per quarter-hour. charge the actual expense incurred.000 - 50 50 50 (b) (c) 9. 11. record of appeal. supported by vouchers. charge the actual expenses incurred. not exceeding per kilometer 35 (c) For traveling and subsistence expenses incurred by the process server. photograph and models. notices to admit. PLANS.500 . affidavits. MODELS. 12. of all necessary translations. TRANSLATIONS Actual costs.500 (b) every additional kilometer over three. 10. interrogatives and answers thereto. (a) EXECUTION PROCEEDINGS Instructions to execute decree and drawing necessary application 15. petition to wind up company. (a) PERUSALS Of pleadings. originating summons or other necessary documents not specifically provided for per folio Of notices and other routine documents Of necessary letter. ETC Actual costs supported by vouchers of all necessary plans. charts. memorandum of appeal. such amount as is reasonable.

but the taxing officer shall not allow more than one instruction fee.500 and where the defendant was served at the first attempt for each additional attempt of service 500 Where appearance has been entered a further Where the defendant was served in a jurisdiction outside Kenya-actual costs incurred. a further. when opposed. 5.000 (b) 15.26 (c) Attending Court to peruse order 1. (a) FEE ALLOWABLE ON CERTIFICATE OF COSTS UNDER PARAGRAPH 68A Where no appearance has been entered in the suit 1.000 14.500 13. the costs of any advertisement ordered by the court together with a further 5. if not opposed 25. together with the instruction fee and any court fees and affidavits swearing fees incurred.000 Instruction to take proceedings to establish or oppose such proceedings 25.000 Instruction to proceed with attachment 25.000 Instructions to institute or to defend garnishee Proceedings. (a) (b) (c) OBJECTION TO EXECUTION PROCEEDINGS Instruction to prepare objection 30. such sum as the taxing officer considers reasonable but not less than 50. rule 17 of the Civil Procedure rules.000 (e) B-ADVOCATE AND CLIENT COSTS As between advocate and client the minimum fee shall be – 26 . 500 (b) (c) (d) Where the defendant was served in accordance with an order V.000 For any application made to the judge under Paragraph11 (2). (a) GARNISHEE PROCEEDINGS Instruction to institute garnishee proceedings.

increased by 50%. or the fees agreed by the parties under paragraph 57 of this order increased by 50%. or the fees ordered by the court. such increase to include all proper attendances on the client and all necessary correspondences. 27 .27 (a) (b) (c) the fees prescribed in A above. as the case may be. increased by 50%.

000 20.The “Lower Scale” shall be applied in all cases where no defence or other denial of liability has been filed and the “Higher Scale” shall be applied in all other cases.000 100. 50. such costs as the court in its discretion but not less than KShs. claimed for.000.000 Lower scale KShs.000 28 . 50. 20.000 1.000 100.000 75.000. 000 plus 2.000 500. the fee shall be 70% of the fees chargeable under item 1(a).000 Does not exceed KShs.000 Over 2. Subject as hereinafter provided.000 1.000.000 50. Where the sum found due (in the case of a wholly or partially successful plaintiff) or the sum sued for (in the case of a wholly successful defendant).000 500.000.000 200.000 Higher scale KShs. In a suit where settlement is reached prior to confirmation of the first hearing date of the suit the fee shall be 90% of the fee chargeable under item 1(b) of this Schedule.000 75. ii.000.000 35.000 200. iii. or awarded in the judgment (other than proceedings falling under paragraph 3 below).000 50.20.5 per cent in respect of the excess. the fees for instructions shall be as follows: (i) To sue in an ordinary suit in which no appearances is entered under Order IX A of the Civil Procedure Rules where no application for leave to appear and defend is made.000 2.000 35. 2.000. Note: . To sue or defend in a suit in which the suit is determined in a summary manner in any manner whatsoever without going to full trial the fee shall be 85% of the fees chargeable under item 1(b).28 SCHEDULE 7 COSTS OF PROCEEDINGS IN SUBORDINATE COURTS A-PARTY AND PARTY COSTS 1.2.000 100.000 100. a fee as for KShs.000 125. 15. In any suit or appeal by the nature of which no specific sum is sued for. Exceeds KShs.

000 3. notice of motion.500 Attendance at the hearing where the hearing lasts more than one full day – for the first whole day for each part after the first 7. 5.000 20.29 if undefended or unopposed and (subject to any special order for good reason connected with the nature and importance or the difficulty or the urgency of the matter) not to exceed KShs.000 9. drawing application.000 50. Service – (a) within three kilometers of subordinate court or district registry of the subordinate court 2.000 On any application.500 For attending any alternative dispute resolution Session pursuant to a court order.000 2. and access 50. 8.000 4. chamber summons or execution proceedings.000 3.000 75. Where costs of adjournment of a case are awarded 2. nullity. (c) In proceedings for custody. engrossing and filing 15.500 6. (a) In proceedings for dissolution of marriage.50. 7.000 On any necessary application to or attendance on Magistrate in court or chambers 2. whether by consent or otherwise(a) (b) half an hour or less one hour 1. to include taking instructions to proceed or oppose.500 29 . Judicial separation or restitution of conjugal rights where the proceedings are undefended where the proceedings are defended (b) In proceedings for ancillary relief: if heard together with petition or answer if not dealt together with petition or answer 15.

pleadings or similar documents. those costs. charge the actual expenses incurred 10. as the case may be. and all necessary attendance at court or chambers. engrossing and filing. shall be computed under this schedule. the scale may be distributed having regard to partial succession on either side. Drawing and filing affidavit or return of service 1. Where success in a suit is divided. and shall include (except as otherwise provided) taking instructions. drawing or perusing. 2. When an order has been made in general terms for the payment of costs by either party and an advocate has been employed. or (b) the fees ordered by the court increased by the 50%.000 Notes 1. 3. B-ADVOCATE AND CLIENT COSTS As between advocate and either the minimum fees shall be – (a) the fees prescribed in A above increased by 50%.30 (b) For traveling and subsistence expenses incurred by the process server. 30 . charge the actual expense incurred (c) Where service is by post or by any other mode of Substituted service. or (c) the fees agreed by the parties under paragraph 57 of this order. Costs exceeding the scales in this schedule may be ordered on special ground arising out of the nature and importance or the difficulty or urgency of the case. increased by 50%. in addition to the court fees. such increase to include all proper attendances on the client and all necessary correspondence. which shall be the minimum fee.

the difference between the amount proposed by the landlord and the amount offered by the tenant. 2. to be recorded. (ii) no fee under this paragraph is chargeable until the case has been confirmed for hearing. those costs. be allowed against the party seeking the adjournment in respect of each occasion upon which a confirmed hearing is adjourned: (iii) in every case which is not heard the taxing officer must be satisfied that the case has been prepared for trial under this paragraph. in addition to the Tribunal fees. In any case in which a denial of liability is filed or in which issues for trial are joined by the pleadings. one year’s mesne profits. if the judge so directs. The value of the subject-matter shall be determined as follows – (a) 3. may be allowed to the successful party under paragraphs 6 and 7. or (b) 31 . costs shall be awarded to the party who substantially succeeds upon the reference or other proceedings. HOTELS AND CATERING ESTABLISHMENTS) ACT A-PARTY AND PARTY COSTS 1. When an order has been made for payment of costs by either party and an advocate has been employed. in a case where the amount of the annual rent is disputed. which total shall be determined by the Tribunal.31 SCHEDULE 8 COSTS OF PROCEEDINGS IN TRIBUNAL UNDER THE LANDLORD AND TENANT (SHOPS. but an additional sum of not more than 15 per cent of the instruction fee allowed on taxation may. or in a case where possession is claimed. a fee for getting up and preparing the case for trial shall be allowed in addition to the instruction fee and shall be not less than one-third of the instruction fee allowed on taxation: Provided that – (i) this fee may be increased as the taxation officer considers reasonable but it does not include any work comprised in the instruction fee. Except for good reason. plus the amount of any arrears of rent or mense profits awarded. 4. 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 the case. 2.

000 35.000 22.5 per cent on the lower scale or 15 per cent on the higher scale in respect of the excess a fee as for KShs.000 50. engrossing and filing the same. and if opposed.500 35.000 over 250.25. a reasonable amount not less than KShs. 5. Exceeds KShs.500 50. whichever is less. the amount claimed or awarded as the costs of the repairs.500 22. drawing or perusing or similar documents.000 250.000 250. Hotels and Catering Establishments) Act. (d) 6.500 50.000 8. or where no compensation is awarded.000 plus an additional 2 per cent in respect of the excess (b) On a complaint where a non-pecuniary relief other than possession is sought such costs as the Tribunal in its discretion awards.000 Lower scale KShs.000 20.000. or in proceedings under section 13 of the Landlord and Tenant (Shops.000 15.000 75. 10.000 35. by consent or by a decision on a preliminary question of law not dependant on fact and the “Higher Scale” shall be applied in all other cases.000 1. Higher scale KShs.000 75. (c) On proceedings for leave to levy distress.293 5.32 (c) in a case concerning authority to carry out repairs.500 100.000 a fee as for KShs.000 if undefended or unopposed.000 5. which shall include taking instructions.000 100.000 75. 32 . but not less than KShs.000 35.000 plus an additional 7.000 75.000 200. the amount of compensation claimed.500 100. one-half the fee under (a). (1) The instruction fee. 10.15.000 50.000 20.250.000 15.000 50.000 200. may be computed in accordance with subparagraph (2) (2) (a) Where the value of the subject matter – Does not exceed KShs. the amount of compensation awarded.000 8. The “Lower Scale” in paragraph 6 shall be applied where the matter is disposed of ex parte.50.

500 every additional kilometer over three. if authorized 500 (iii) (f) Drawing and filling affidavit or return of service to include swearing fee (g) Drawing and filing any other affidavits. such fees as the Tribunal may assess but not less than KShs. such amount as isreasonable. KShs.33 (d) In any proceedings not otherwise provided for. increased by 50%.000 3. or (b) the costs ordered by the Tribunal. increased by 50%.000 (d) where costs of adjournment of the case are awarded (e) Service – (i) (ii) within three kilometers of the Tribunal 2.500 2.000 2. for first four folios thereafter per polio (thereafter per folio) 500 800 100 B-ADVOCATE AND CLIENT COSTS As between advocate and client the cost shall be – (a) the cost prescribed in A above. 7.000 2.15.000. or 33 . (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) (ii) for the first whole day for each part of the day after the first day 5. not exceeding per kilometer 35 by post.

such increase to include all proper attendance on the client and all necessary correspondence. 34 .34 (c) the costs agreed by the parties under paragraph 57 of this Order. increased by 50% as the may be.

or (c) in a case concerning authority to carry out repairs. 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 the case. (1) The instruction fee. by consent or by a decision on a preliminary question of law not dependant on fact and the “Higher Scale” shall be applied in all other cases. drawing or perusing pleadings or similar documents. Except for good reason. to be recorded. may allowed to the successful party under paragraphs 6 and 7.35 SCHEDULE 9 COSTS OF PROCEEDINGS IN TRIBUNAL UNDER THE RENT RESTRICTION ACT OR ANY LEGISLATION AMENDING OR REPLACING THE SAME A-PARTY AND PARTY COSTS 1. the amount of compensation awarded. 4. (2) (a) Where the value of the subject matter – 3. or where no compensation is awarded theamount of compensation claimed. may be computed in accordance with subparagraph (2). one year’s rent or one year’s mesne profit plus the amount of any arrears of rent or mesne profits awarded which total shall be determined by the Tribunal. in addition to the Tribunal fees. 6. costs shall be awarded to the party with substantially succeeds upon the reference or other proceedings The value of the subject-matter shall be determined as follows – (a) in a case where possession is claimed. the amount claimed or awarded as the cost of the repairs. whichever is less. When an order has been made for payment of costs by either party and an advocate has been employed. which shall include taking instructions. or (d) in proceedings under section 15 of the Rent Restriction Act. engrossing and filing the same. those costs. 35 . one year’s rent or one year’s mense profit plus the amount of any arrears of rent or mesne profits awarded which total shall be determined by the Tribunal. or (b) in a case where possession is claimed. be 2. The “Lower Scale” in paragraph 6 shall be applied where the matter is disposed of ex parte. 5.

such fees as the Tribunal may assess but not less than KShs.000 (d) where costs of adjournment of the case are 36 .000 Does not exceed KShs. a reasonable amount not exceeding KShs.880 11. 7.760 8.000.000 20.500 5. 1.290 17.820 14.500 10. and if opposed.000 250.528 8.640 a fee as for KShs.116 2. (c) On proceedings for leave to levy distress.700 10.000 7.000 plus an additional 2 per cent in respect of the excess (b) On a complaint where a non-pecuniary relief other than possession is sought such costs as the Tribunal in its discretion awards.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 a fee as for KShs. one-half the fee under (a).000.352 2.232 4. over 250.000 Lower scale KS.000 50.000 2.000 7.117 4. KShs.50. Higher scale KShs.998 3.000 2.500 5.250.584 5. (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) (ii) for the first whole day for each part of the day after the first day 5.000 3.000 3.36 Exceeds KShs.000 3.500 10.500 2.000 if undefended or unopposed. but not less than KShs. 1.000 50.15.15.000 2.293 2.000 20.499 4.25.704 10.000 1. (d) In any proceedings not otherwise provided for.

or (b) the costs ordered by the Tribunal. 37 . if authorized 500 (f) Drawing and filling affidavit or return of service to include swearing fee (g) Drawing and filing any other affidavits. such increase to include all proper attendance on the client and all necessary correspondence. such amount as is reasonable. increased by 50%. increased by 50% as the may be.37 awarded (e) Service – (i) within three kilometers of the Tribunal 2. not exceeding per kilometer 35 (iii) by post. for first four folios thereafter per polio (thereafter per folio) 500 800 100 B-ADVOCATE AND CLIENT COSTS As between advocate and client the cost shall be – (a) the cost prescribed in A above.000 2.500 (ii) every additional kilometer over three. increased by 50%. or (c) the costs agreed by the parties under paragraph 57 of this Order.

1. such As the taxing officer shall consider reasonable.20.1.000 10. or proof of oral will.000 . or letters administration with or without will annexed.000 200.10 3 per KShs. such sum as the taxing officer shall consider reasonable. 5.000. or a citation or other application or proceedings under the law not otherwise provided for in this Schedule. 10.000 10.880 20.2.000 But does not exceed KShs. including an estate duty affidavit. the proceedings contested. four-fifths of the fee provided under paragraph (a). (c) To apply for confirmation of grant – (i) if uncontested (ii) if contested. the proceedings not being contested: where the gross capital value of property comprised in the grant – Exceeds KShs.38 SCHEDULE 10 PROBATE AND ADMINISTRATION A-PAPTY AND PARTY COSTS 1.000 30.000 65.000 KShs. 10.000 or 5% whichever is higher. of INSTRUCTION FEES (a) To apply for grant of probate of written will.000 1.000 thereof and 3 per cent over Shs.000.000. 38 15.000 50.000 200.000 50.000. but not less than (d) To apply for grant or re-sealing where the proceedings are contested.000 35. not less than twice the fee prescribed by paragraph (a) or (b) (e) To lodge a caveat or a renunciation of a right to representation (f) To lodge an objection to grant. 5 per cent of the value on the first Shs.000 of net estate included therein.000 1.000. corrective estate duty affidavit and inventory included in or annexed to an affidavit in support of petition: KShs. But not less than (g) To render an inventory or account. (b) To apply for re-sealing a grant.

200 4. but not less than 2.200 235 2000 25 1.000 1. 1.200 100 600 or per folio 605. the raising and settlement of estate duty and all other work referred to in paragraphs 18(e) and 51(c) of this Order (other than that included in item 6 of this Schedule) – (a) Letter dispatched or per folio (b) Letters received and perused Or per folio (c) Attendances – (i) in ordinary cases per 15 minutes part thereof (ii) routine telephone calls within 39 300 150 200 60 700 . LETTERS AND ATTENDANCES Including those necessary in ascertaining the particulars and extent of an estate. identities concerned.39 multiplied by the number of entries. COPIES Per folio PERUSING (a) Wills and codicils or per folio (b) Any other form or document prescribed under or required by the law 3. DRAWING (a) Each form or document prescribed under or required by the law or per folio (b) An inventory or account.000 3. except where embodied in a prescribed form including an estate duty affidavit and Corrective estate duty affidavit Or per entry (c) wills such sum as agreed but not less than 30.

having regard to the care and labour required. the fees as between advocate and client shall be – (a) the fees prescribed in A above increased by 50%. he sees it fit. and (iii) on the capital value of any portion of the estate which is realized or invested during a year or half year – one and one-half cent. having regard to all the circumstances. but not exceeding in aggregate the following rates – (i) on the estimated net capital value of the estate two and onehalf percent per annum. (b) Annual or semi-annual commission of such amount as the taxing officer shall consider reasonable. for any special reason. (c) An amount based upon Schedule 5: Provided that – (i) in relation to a shorter period than a year or half-year. or 40 . the interest of the parties and all other circumstances. ACTUAL ADMINISTRATION OF A TESTAMENTARY OR OTHER ESTATE OR TRUST (a) Such annual or semi-annual fee as may be reasonable in the circumstances. the number and length of the papers to be perused. B-ADVOCATE AND CLIENT COSTS In contested matter under the law. the value and complexity of the estate. 6.40 Kenya for 3 minutes or part thereof 125 (iii) in other cases the taxing officer may increase or diminish the above charges if. and (ii) a fee or commission charged under paragraph (a) or (b) shall include all necessary correspondence received and sent and attendances relative thereto and the preparation of the set of inventories or accounts required of formal documents filed or proceedings taken under the law shall be charged for separately under the appropriate paragraph of this Schedule. (ii) on the amount of the income of the estate in a year or half year-three per cent. the commission under paragraph (b) (i) shall be calculated with reference to that period. or at the election of the advocate.

or (c) the fees agreed by the parties under paragraph 57 of this order increased by 50% as the case may be. increased by 50%. such increase to include all proper attendances on the client and all necessary correspondence.41 (b) the fees ordered by the court. 41 .

where the value of the subject matter cannot be determined. perusals. without regard to length. (d) the time expended by the advocate(s) . (e) the number and importance of the documents prepared or perused. When taxing the costs. to be recorded. costs shall be awarded to the party who substantially succeeds upon the reference or other proceedings. (b) the complexity of the matter and the difficulty or novelty of the question raised. The “Lower Scale” shall be applied where the matter is disposed of ex parte. consideration shall be given by the taxing officer to either the value of the subject-matter or. A-PARTY AND PARTY COSTS 1. to the following criteria. When an order has been made for payment of costs by either party and an advocate has been employed. 3. Except for good reason.42 SCHEDULE 11 COSTS OF PROCEEDINGS BEFORE TRIBUNALS OTHER THAN THOSE UNDER SCHEDULES 8 AND 9 OF THIS ORDER EXCEPT WHERE OTHERWISE PRESCRIBED UNDER THE ACT SETTING UP THE TRIBUNAL. by consent or by a decision on a preliminary question of law not dependant on fact and the “Higher Scale” shall be applied in all other cases. those costs. may be allowed to the successful party. engrossing documents and filing the same. 6. 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 the case. drawing. (c) the amount or value of the subject matter. 5. 2. (a) the nature and importance of the proceedings. actual costs incurred supported by vouchers of all necessary photocopying will be allowed to the successful party. 4. in addition to the Tribunal fees. Binding and photostat copies. 42 . Expert witness expenses may be allowed in accordance with Rule 74A of the Advocates Remuneration Order. The instruction fee shall include taking instructions. 7.

000 Fees as for 1.000.000 20.000 plus an additional 0.43 8. such increase to include all proper attendance on the client and all necessary correspondence.000 3. increased by 50%.000. Where the value of the subject matter cannot be ascertained: (i) Where the lower scale applies such sum as may be reasonable but not less than (ii) Where the higher scale applies such sum as may be reasonable but not less than 10.000 plus an additional 0.000 2. increased by 50% as the may be.000.000.000. 1. 1.500 200.000.000 Shs. 43 .000 20. 100.1% per cent 9.000 But does not exceed KShs. or (b) the costs ordered by the Tribunal.000.000 Fees as for 20.500 B-ADVOCATE AND CLIENT COSTS As between advocate and client the costs shall be – (a) the cost prescribed in A above. or (c) the costs agreed by the parties under paragraph 57 of this Order. (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 day after first day (ii) for each part of the day after the first day (d) where costs of adjournment of the case are awarded 10.000 100. increased by 50%. Fees as for 250.500 1.000.000.000 Over 250. 250. Where the value of the subject matter can be ascertained– That value exceeds KShs.5%.000 6.000 plus an additional 1 %.

44 SCHEDULE 12 PATENTS.000 100. UTILITY MODELS AND INDUSTRIAL DESIGNS 1. abstract or drawings of pending patent and utility models (b) Application to convert pending patent application into a utility model application or vice versa and preliminary advice thereon (c) Application for substantive examination for patents and preliminary advice thereon REGISTRATION OF LICENCES (a) Instructions to file an application to register a licensee of a patent. utility model or industrial design 50.000 2.000 100. INITIAL APPLICATIONS FOR REGISTRATION (a) (b) (c) (d) Instructions to register one patent Instructions to register one industrial design Instructions to register one utility model Instructions to enter a national phase of international application KSH.000 6.000 30.000 15. utility model or industrial design application or registered patent.000 100.000 (b) (c) 4.000 36. claims. depending on the amount of work involved but not less than ASSIGNMENTS Instructions to file an application to register a subsequent proprietor of a pending patent. industrial design or utility model and advice on registerability of licence agreement Drawing an application 36.000 5. SUBSIDIARY PROCESSING APPLICATIONS FOR PATENTS AND UTILITY MODELS (a) Application for amendment of specification.000 14. .400 50. ANNUITY APPLICATIONS Instructions to pay annual maintenance fees for a patent or utility model and drafting and filing an annuity application APPLICATIONS FOR EXTENSION OF TERM OF INDUSTRIAL DESIGNS Instructions to file an application for an extension of term of registration 44 30. Drawing a licence agreement. 3. 100.

the amount of evidence filed and the time required for the proceedings and all other relevant circumstances shall 45 . transfer or cancellation of compulsory licences.000 100. APPLICATIONS TO RESTORE REGISTRATION OF PATENTS. (b) Instructions to appeal to Tribunal against any decision of the Managing Director which is appealable under the Industrial Property Act. variation. rectification.000 (b) Instructions to obtain registry certified copies of documents: (i) (ii) One copy of any document Second and additional copies of same document obtained simultaneously 5. EXPUNGEMENT.000 8. such fee as the taxing officer in the exercise of his discretion and taking into consideration the nature and importance of the proceedings or applications. 30. utility models or designs to the parties concerned.000 9. RECTIFICATION. expungement. For 10 (a) and 10(b) above. UTILITY MODELS AND INDUSTRIAL DESIGNS Instructions to file an application to restore the registration of a patent. utility model or industrial design and reviewing all necessary supporting document SEARCHES AND COPIES (a) Searches at the Kenya Industrial Property Institute (the “Institute”) and advising thereon 30. the patents. utility model or industrial design and supporting affidavits CHANGE OF NAME OR ADDRESS Instruction to register a change of name or change of address of the registered proprietor in respect of a patent.000 2.45 of an industrial design. entry of licences as of right and to defend or contest such proceedings or applications where such proceedings or applications are conducted before the Managing Director of the Institute (the “Managing Director”) or the Industrial Property Tribunal (the “Tribunal”). INFRINGEMENT. applications for compulsory licences. 7. OPPOSITION PROCEEDINGS AND APPLICATIONS AND APPEALS LISTED BELOW (a) Instructions to file infringement. 15. caution and opposition proceedings.500 10.

documents. applications for expungement and rectification. where charged for separately (see the note to this part of this schedule) (i) Per letter or per folio (ii) Receiving and perusing letters.000 (b) (c) (d) 25. utility model or industrial design Instructions to surrender a patent. Per letter Or per folio Drawing all necessary documents associated with any of the applications or proceedings referred to above in this Schedule including but not limited to.000 5.000 20. such fee as may be reasonable in the circumstances but not less than Instructions to request reasons for a refusal of a patent. etc.000 25. 46 1. judgements etc for every 15 minutes or part thereof (iii) On taxation of bill of costs for every 15 minutes or part thereof MISCELLANEOUS MATTERS (a) Instructions to advise on patentability of an invention or registrability of an industrial design or a utility model or on a point of law or practice. On interlocutory matters.000 20.000 500 (g) . applications or appeals referred to in 10 (a) and 10 (b) for a full day (i) Every half-day or part thereof: (ii) 250.46 decide but not less than (c) Attendance before the Managing Director or the Tribunal in connection with conducting proceedings. utility model or industrial design Attendance on the Managing Director or the Tribunal for every 15 minutes or part thereof: (i) For argument (ii) (f) For filing papers 40.000 5. requests and statements of facts in infringement proceedings.000 11. statutory declarations. applications for entry or expungement of cautions.000 (e) 5.000 2.000 Correspondence. pleadings. taking directions.000 50. utility model or industrial design Instructions to have a caution or similar notice included or removed from the Register in respect of a patent.000 500 1.

per folio 2.000 500 (j) Perusing documents.000 10. notices of opposition to design applications. 47 . pleadings. counter-statements and all documents associated with any of the above: (i) Per folio (ii) (h) (i) File copies. and of all necessary routine correspondence with and attendances at the registry and correspondence with the client.47 applications for compulsory licences and licences as of right. etc to be charged for as for perusals at item 8 (a) of schedule VI All other necessary attendances (including attendances to take minutes of evidence of witnesses other than the party for whom the Advocate is acting). which matters shall be charged for separately. unless otherwise provided. statutory declarations. of drawing statutory forms and authorizations as necessary.000 Note: The fees in items 1 to 9 above are inclusive. per quarter hour or part thereof Applying to the Managing Director for any extension of time 5. but they do not cover additional matters shown in items 10 and 11 and work occasioned by objections or queries by the Managing Director or third parties or by any other complication or unusual delay. statutory declarations.

Sign up to vote on this title
UsefulNot useful