[2025] KEELC 4083 (KLR)
The court found that the plaintiff/applicant had provided sufficient reasons for seeking withdrawal of the contempt application, and that both parties were in agreement. The withdrawal was deemed appropriate to allow the main suit to proceed without unnecessary delay, in line with the constitutional imperative that...
Source-derived case information.
- Citation
- [2025] KEELC 4083 (KLR)
- Parties
- Plaintiff: Elizabeth Jepkemboi Lelei; Defendant: Milka Jerop Kimeto
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal of Contempt Application
- Outcome
- Application marked as withdrawn with no order as to costs; interim orders remain in place.
- Judges
- GMA Ongondo
- Legal Topics
- Contempt of Court, Interim Orders, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Jepkemboi Lelei
Plaintiff
Milka Jerop Kimeto
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal of Contempt Application
Legal Issues
- 1 Whether the plaintiff/applicant should be permitted to withdraw the contempt of court application without an order as to costs.
- 2 Whether the withdrawal of the application affects the interim orders previously granted.
Ratio Decidendi
The court found that the plaintiff/applicant had provided sufficient reasons for seeking withdrawal of the contempt application, and that both parties were in agreement. The withdrawal was deemed appropriate to allow the main suit to proceed without unnecessary delay, in line with the constitutional imperative that justice shall not be delayed. The court further held that the withdrawal did not affect the subsistence of interim orders already in place. Accordingly, the application dated 5th May 2025 was marked as withdrawn with no order as to costs.
Court Disposition
Application marked as withdrawn with no order as to costs; interim orders remain in place.
Orders
- The application dated 5th May 2025 is marked as withdrawn.
- No order as to costs on the withdrawn application.
Full Case Text
Judgment text and source record
24 paragraphs
Lelei v Kimeto (Environment & Land Case 1 of 2024) [2025] KEELC 4083 (KLR) (28 May 2025) (Ruling)
Neutral citation: [2025] KEELC 4083 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case 1 of 2024
GMA Ongondo, J
May 28, 2025
Between
Elizabeth Jepkemboi Lelei
Plaintiff
and
Milka Jerop Kimeto
Defendant
Ruling
1. By an application dated 5th day of May 2025, Elizabeth Jepkemboi Lelei through Duncan Tallam and company advocates is seeking contempt of court orders against the defendant/respondent as regards disobedience of court orders given on 7th April 2025 in respect of Land parcel numbers Nandi/Ndulele/ 983 and 426.
2. The application is opposed by the defendant/respondent through Rotich, Langat and Partners Advocates and prayed that the application be dismissed with costs for being, inter alia, defective and frivolous.
3. Mr Tallam learned counsel for the plaintiff/applicant has sought to withdraw the application with no orders as to costs to pave way for the hearing and disposal of the suit. That the matter has taken a different dimension on the ground.
4. Mr Rotich learned counsel for the defendant/respondent is in agreement with the intended withdrawal of the application for the hearing of the suit.
5. It is trite law that the choice by a party to withdraw a matter before court having given reasons thereof as a general rule, cannot be taken away from that party; see Council of Governors-vs-Senate & another; SC Reference No. 1 of 2014 (2014) eKLR.
6. In the instant application, learned counsel for the plaintiff/applicant has given sufficient reasons for withdrawal of the same.
7. Notably, the withdrawal of the application to allow the hearing of the suit is merited and in step with Article 159 (2) (b) of the Constitution of Kenya 2010 which provides;Justice shall not be delayed
8. In the premises, it is the finding of this court that interim orders are in place and the application dated 5th May 2025 is hereby marked as withdrawn with no orders as to costs.
9. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 28TH DAY OF MAY 2025G M A ONGONDOJUDGEPRESENT;1. Mr. Duncan Tallam, Learned Counsel for the plaintiff/applicant2. Mr. Moses Rotich, Learned Counsel for the defendant/respondent3. Walter, Court Assistant