Dry Associates Limited v Capital Markets Authority & Director of Public Prosecutions Interested Party Crown Berger (K) Ltd (Petition 328 of 2011) [2014] KEHC 5478 (KLR) (Constitutional and Human Rights) (7 May 2014) (Ruling)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

MILIMANI LAW COURTS

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION NO. 328 OF 2011

BETWEEN

DRY ASSOCIATES LIMITED ......................................... PETITIONER

AND

CAPITAL MARKETS AUTHORITY ................... 1^ST RESPONDENT  

DIRECTOR OF PUBLIC PROSECUTIONS ...... 2^ND RESPONDENT

AND

CROWN BERGER (K) LTD .............................. INTERESTED PARTY   

RULING

1. I have considered the reference in matter. I find and hold that the learned Deputy Registrar erred when she awarded the amount for getting up as this is a petition which is dealt with in the nature and manner of an application.  The getting up fees is accordingly taxed off.

2. As regards the instruction fee, the parties agree that the sum of Kshs. 350,000/= is adequate as instruction.  The reference is allowed to that extent and therefore the party and party costs are certified at Kshs. 434,667/00 only.

3. Orders accordingly.

DATED and DELIVERED at NAIROBI this 7^th May 2014.

D.S. MAJANJA

JUDGE

Mr Kahonge instructed by Macharia Kahonge and Company Advocates for the petitioner/applicant

Mr Kiingati instructed by Kairu Mbuthia and Kiingati Advocates for the interested party.