[2025] KEHC 8468 (KLR)
The court found that both defendants had actively participated in the proceedings by entering appearance, filing defences, and submitting witness statements and documents. Given the defendants' involvement and the resources expended, it would be unfair to allow withdrawal of the suit without awarding costs....
Source-derived case information.
- Citation
- [2025] KEHC 8468 (KLR)
- Parties
- Plaintiff: Sebastian Chege Kamau; Plaintiff: Jackson Kagimbi Kagina; Plaintiff: Maurice Muhoro; Defendant: County Government of Kiambu; Defendant: National Housing Cooperation
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 22 of 2019
- Procedural Posture
- Civil Case / Ruling on Withdrawal of Suit
- Outcome
- Suit withdrawn with costs to the defendants.
- Judges
- DO Chepkwony
- Legal Topics
- Withdrawal of Suit, Costs Award, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sebastian Chege Kamau
Plaintiff
Jackson Kagimbi Kagina
Plaintiff
Maurice Muhoro
Plaintiff
County Government of Kiambu
Defendant
National Housing Cooperation
Defendant
Procedural Posture
Civil Case / Ruling on Withdrawal of Suit
Legal Issues
- 1 Whether the plaintiffs should be granted leave to withdraw the suit.
- 2 Whether the defendants are entitled to costs upon withdrawal of the suit.
Ratio Decidendi
The court found that both defendants had actively participated in the proceedings by entering appearance, filing defences, and submitting witness statements and documents. Given the defendants' involvement and the resources expended, it would be unfair to allow withdrawal of the suit without awarding costs. Therefore, the plaintiffs were granted leave to withdraw the suit, but the withdrawal was ordered with costs to the defendants.
Court Disposition
Suit withdrawn with costs to the defendants.
Orders
- Leave is granted to the plaintiffs to withdraw the suit.
- The suit is marked as withdrawn with costs to the defendants.
Full Case Text
Judgment text and source record
27 paragraphs
Kamau & 2 others (Being the Chairman, Secretary and Committee Member of Johari Welfare Association) v County Government of Kiambu & another (Civil Case 22 of 2019) [2025] KEHC 8468 (KLR) (16 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8468 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case 22 of 2019
DO Chepkwony, J
June 16, 2025
Between
Sebastian Chege Kamau
1st Plaintiff
Jackson Kagimbi Kagina
2nd Plaintiff
Maurice Muhoro
3rd Plaintiff
Being the Chairman, Secretary and Committee Member of Johari Welfare Association
and
County Government of Kiambu
1st Defendant
National Housing Cooperation
2nd Defendant
Ruling
1. In this case the 1st and 2nd Petitioners appeared before court on 5th May, 2025 and indicated that they intend to withdraw the suit. The court then directed the Petitioners to file a Notice of Withdrawal of suit and Affidavit in support on behalf of all the Petitioners to confirm this.
2. On 26th May, 2025, the 2nd Defendant’s counsel confirmed and the court noted the Affidavit sworn by all the Petitioners on 9th May, 2025. Seeking to be granted leave to withdraw the suit which they confirmed filed on behalf of Johari Welfare Association. They urged the court to allow them to withdraw the suit without orders as to costs on the ground that the burden of costs would heavily affect them since most of their members have since passed on and reaching out to the families would be a challenge.
3. However, the counsel for the 2nd Defendant, while not opposed to the Petitioner’s being granted leave to withdraw the Petition, sought to be awarded costs for they had filed a defence alongside witness statements and a list of bundle of documents.
4. I have gone through the record and note that the suit was filed on 26th August, 2019 and indeed the 1st Defendant entered appearance and filed Defence on 7th October, 2019. The 2nd Defendant equally entered appearance, filed a Defence, list of witnesses and list and bundle of documents. The court further notes the participation of the Defendants’ Counsel in the proceedings on diverse dates.
5. For these reasons the court finds the Defendants deserve to be compensated that it will be unfair to withdraw the suit without issuing orders on costs. In the circumstances, the court proceeds to grant the Petitioners leave to withdraw the suit/Petition and the same is hereby marked as withdrawn with costs to the Defendants.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF JUNE , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Petitioners in person – presentCourt Assistant - Martin