CMA bid to quash Sh1.9m award to ex-NBK boss fails


Justice Pauline Nyamweya. PHOTO | RICHARD MUNGUTI | NMG

A judge has declined a request by the Capital Markets Authority (CMA) to stop a banker from demanding Sh1.9 million in court fees incurred when fighting a Sh1 billion fraud case.

The regulator had requested High Court judge Pauline Nyamweya to review and suspend a ruling that had awarded Solomon Muyeka, a former head of treasury at National Bank of Kenya Sh1,950,420 as costs of the fraud case that he won two years ago.

The judge, however, said the deputy registrar’s decision in arriving at the remuneration (bill of costs) was not in error.

“Under the applicable provisions of paragraph 2 of Schedule 6A of the Advocates (Remuneration) Order 2014, the allowable minimum of getting up fees is one-third of the instruction fees. In this case, the deputy registrar awarded instruction fees of Sh1,350,000 and one-third of the said sum is Sh450,000. The taxation of the item on getting up fees at this amount was thus not in error,” said the judge.