https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4202
The court held that the withdrawal of the application would not prejudice the other parties, allowed the notice of withdrawal, marked the application as withdrawn, and ordered costs to be in the cause.
Source-derived case information.
- Citation
- [2026] KEELC 4202 (KLR)
- Parties
- 1st Plaintiff: Jane Jepkemboi; 2nd Plaintiff: Bethwel Kibichi Limo; Defendant: Julius Kipkemboi
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E004 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal of Application and Leave to Cease Acting
- Outcome
- Notice of withdrawal allowed; application dated 5th June 2026 marked as withdrawn; costs in the cause.
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Withdrawal of Application, Leave for Advocate to Cease Acting, Costs, Prejudice on Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Jepkemboi
1st Plaintiff
Bethwel Kibichi Limo
2nd Plaintiff
Julius Kipkemboi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal of Application and Leave to Cease Acting
Legal Issues
- 1 Whether the notice of withdrawal dated 6th July 2026 should be allowed
- 2 Whether the application dated 5th June 2026 should be marked as withdrawn
- 3 Whether costs should follow the event or be in the cause
Ratio Decidendi
The court held that the withdrawal of the application would not prejudice the other parties, allowed the notice of withdrawal, marked the application as withdrawn, and ordered costs to be in the cause.
Court Disposition
Notice of withdrawal allowed; application dated 5th June 2026 marked as withdrawn; costs in the cause.
Orders
- Notice of withdrawal dated 6th July 2026 allowed.
- Application dated 5th June 2026 marked as withdrawn.
Full Case Text
Judgment text and source record
1 paragraphs
Jepkemboi & another v Kipkemboi (Environment and Land Case E004 of 2023) [2026] KEELC 4202 (KLR) (7 July 2026) (Ruling) Neutral citation: [2026] KEELC 4202 (KLR) Republic of Kenya In the Environment and Land Court at Kapsabet Environment and Land Case E004 of 2023 GMA Ongondo, J July 7, 2026 Between Jane Jepkemboi 1st Plaintiff Bethwel Kibichi Limo 2nd Plaintiff and Julius Kipkemboi Defendant Ruling 1.By an application dated 5th June 2026, the firm of Cheruiyot Kirui and Company Advocates is seeking leave to cease acting on behalf of the 1st and 2nd plaintiffs herein and that costs of the application be provided for. 2.Further, the said firm of advocates filed a notice of withdrawal dated 6th July 2026 regarding the application with no orders as to costs. 3.It is established law that the choice by a party is at liberty to withdraw a matter before court and the same must be allowed provided it causes no prejudice to the other parties; see Council of Governors vs Senate & another, SC Reference No. 1 of 2014 (2014) eKLR and Lelli-vs- Kenya Medical Training College & 2 others Petition 10 of 2021 {2021} KESC 21 KLR(Civ). 4.It is therefore, crystal clear that the withdrawal of the application will not cause any prejudice to the other parties herein. 5.In the foregone, the notice of withdrawal dated 6th July 2026 is merited and allowed. 6.Thus, the application dated 5th June 2026 is hereby marked as withdrawn. 7.Given the nature of the application and light of the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya as well as being guided by the Supreme Court of Kenya decision in Jasbir Singh Rai & 3 others vs Tarlochan Singh Rai Estate & 4 others (2014) eKLR, costs be in the cause. 8.It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 7TH DAY OF JULY 2026.HON. G M A ONGONDOJUDGEIn the presence of;Mr. Bungei learned counsel for the respondent/defendant.Mr. Kirui learned counsel for the applicant/plaintiffMr. Walter Kipkorir, court assistant