https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3562
The court held that the applicant had freely and voluntarily withdrawn the application, the withdrawal was lawful and consistent with Article 159(2)(b) of the Constitution, and therefore the Notice of Motion dated 19 May 2026 was marked as withdrawn in its entirety with no order as to costs.
Source-derived case information.
- Citation
- [2026] KEELC 3562 (KLR)
- Parties
- Plaintiff/decree Holder/applicant: Esther Jeptanui Lagat; 1st Defendant: Emily Jebor Rono; 2nd Defendant: Andrew Kosgei; Interested Party: Daniel Kipkoech
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case 967 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Withdrawal of Application
- Outcome
- Application withdrawn
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Withdrawal of Application, Civil Jail for Disobedience of Court Orders, Costs, Article 159 of the Constitution, Section 27 Civil Procedure Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Jeptanui Lagat
Plaintiff/decree Holder/applicant
Emily Jebor Rono
1st Defendant
Andrew Kosgei
2nd Defendant
Daniel Kipkoech
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Notice of Withdrawal of Application
Legal Issues
- 1 Whether the applicant was entitled to withdraw the Notice of Motion application
- 2 Whether the court should award costs on withdrawal
- 3 Whether the application should be marked as withdrawn
Ratio Decidendi
The court held that the applicant had freely and voluntarily withdrawn the application, the withdrawal was lawful and consistent with Article 159(2)(b) of the Constitution, and therefore the Notice of Motion dated 19 May 2026 was marked as withdrawn in its entirety with no order as to costs.
Court Disposition
Application withdrawn
Orders
- The Notice of Motion dated 19 May 2026 is marked as withdrawn in its entirety.
- No orders as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Lagat v Rono & 2 others (Environment and Land Case 967 of 2021) [2026] KEELC 3562 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEELC 3562 (KLR) Republic of Kenya In the Environment and Land Court at Kapsabet Environment and Land Case 967 of 2021 GMA Ongondo, J June 8, 2026 Between Esther Jeptanui Lagat Plaintiff and Emily Jebor Rono 1st Defendant Andrew Kosgei 2nd Defendant and Daniel Kipkoech Interested Party Ruling 1.The Decree Holder/Applicant/Plaintiff, Esther Jeptanui Lagat through Limo R.K and Company Advocates commenced an application by way of the Notice of Motion dated 19th May 2026, for orders, inter alia, summons to the 2nd and 3rd respondents herein to show cause why they should not be committed to civil jail for a period of up to two years for blatantly disrespecting this Honourable Court by disobeying orders issued on 30th November 2023 and 19th December 2024. 2.Notably, the application has not been responded to and the same is set for directions today. The respondents being aware of the matter, are absent in court. 3.Mr. Kibii learned counsel for the Decree Holder/applicant referred to the Notice of Withdrawal dated 8th June 2026 and urged the court to allow the withdrawal of the entire application with no orders as to costs since there is no response to it and that matter proceeds by way of warrant issued by the Deputy Registrar herein. 4.It is established law that a party has a constitutional right to freely and voluntarily withdraw a matter before court; see Robert Lelli vs Kenya Medical Training College & 2 others (2021) eKLR. 5.The Decree Holder/applicant/plaintiff has freely and voluntarily agreed to withdraw the entire application. 6.The withdrawal of the application is in line with Article 159 (2) (b) of the Constitution of Kenya 2010 which stipulates;Justice shall not be delayed’ 7.In the premises, the Notice of Withdrawal dated 8th June 2026 has merit. 8.Thus, the application dated 19th May 2026 is hereby marked as withdrawn in entirety herein. 9.By dint of the proviso to Section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya and subscribing to, inter alia, the Supreme Court of Kenya decision in the case of Jasbir Singh Rai & others vs Tarlochan Rai & others (2014) eKLR, I make no orders as to costs. 10.It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 8TH DAY OF JUNE 2026.HON. G.M.A. ONGONDOJUDGEIn the presence of;Mr. Kibii Patrick learned counsel for the Decree Holder/applicant/plaintiffMr. Kariuki, Court Assistant