Murkomen and Kihika had sued their party Jubilee, its chairman Nelson Dzuya, and Secretary-General Raphael Tuju.
The two senators had gone to court seeking to overturn a coalition agreement between the ruling party and KANU but later withdrew the case.
However, Jubilee party later filed a petition before Justice James Makau wanting the two vocal senators to pay for cost of hiring lawyers and filing responses.
In their case, Jubilee, Dzuya, Kanu and Tuju argued that they had incurred unnecessary cost of hiring lawyers to defend themselves separately since the senators had sued as private persons and for personal reasons.
Justice Makau in his ruling agreed with Jubilee and ordered Murkomen and Kihika to pay half of the costs for all respondents.
“The first to fourth respondents be and hereby awarded costs at 50 per cent of costs as shall be taxed by the taxing master,” the judge ruled.
The two senators allied DP William Ruto, in their defense pleaded for leniency arguing that they had filed the case in the interest of the public adding that they withdrew the case as soon as they filed it.
Murkomen and Kihika who were at that time kicked out of their majority leadership positions in the senate, retreated from challenging President Uhuru Kenyatta’s decision to sign a post-election coalition with KANU.
The senators had claimed that the coalition deal was unconstitutional and was not sanctioned by the party’s National Executive Committee (NEC). They further claimed the respondents disregarded the law by getting into an illegal coalition in order to have the numbers for the ouster.
They also challenged their removal from office claiming that President Uhuru had no numbers to warrant their removal, saying that the 20 senators who reportedly voted in favour of the ouster were only 17, since the three from KANU could not have purported to speak for Jubilee.