Political pundits as well as advocates of the high court are now saying that the costs being slapped on the petitioners resulting from the August 2017 elections are too high.
Nairobi lawyer Danstan Omari says that, this might have a negative implication in the future where ordinary citizens will shy away from seeking redress from the corridors of justice.
Case in point is Orange Democratic Movement Steve Mbogo who was Monday ordered to pay Ksh 10 million as costs in a case against Starehe Member of Parliament Charles Njagua.
Former Mombasa Senator Hassan Omar was also directed to pay Ksh 8 million in a suit where he was challenging Mombasa Governor Ali Hassan Joho’s victory.
In Kisii County the petitioner Nahashon Akunga a voter, was directed to part with Ksh 2.5 million as costs of the petition.
Akunga had petitioned against Kisii Woman Representative Janet Ong’era of ODM who beat Dorice Aburi of Jubilee in the 2017 election contest.
According to Omar, this might be signaling the fact that the courts are no longer interested in political cases.
He said 2022 might witness a few litigants moving to the courts to challenge election malpractices.
The Nairobi lawyer however said that the costs are determined by the Deputy Registrar of the High Court after the respondents file taxation cases to demonstrate how much they spent in their respective petitions.
He says the costs are determined by the number of hours used, how extensive and intensive the case was, the number of lawyers involved, authorities cited in the case among other things.