[2017] KEHC 1090 (KLR)
The court held that the respondent, having incurred expenses in preparing a Preliminary Objection and for hearing, is entitled to costs following the withdrawal of the suit by the applicant. There was no conduct on the part of the respondent that would disentitle it to costs. The court exercised its discretion and...
Source-derived case information.
- Citation
- [2017] KEHC 1090 (KLR)
- Parties
- Applicant: Marryann Nyaga Wanjiru; Respondent: Independent Electoral and Boundaries Commission; Respondent: Jubilee Party; Interested Party: Christopher Mark Mwangi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 3 of 2017
- Procedural Posture
- Judicial Review Application / Ruling on Withdrawal and Costs
- Outcome
- Application withdrawn; costs awarded to the 1st respondent.
- Judges
- MM Kasango
- Legal Topics
- Judicial Review, Costs Award, Withdrawal of Suit, Nomination Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marryann Nyaga Wanjiru
Applicant
Independent Electoral and Boundaries Commission
Respondent
Jubilee Party
Respondent
Christopher Mark Mwangi
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the respondent is entitled to costs upon withdrawal of the judicial review application by the applicant.
- 2 Whether there is any conduct by the respondent disentitling it to costs.
Ratio Decidendi
The court held that the respondent, having incurred expenses in preparing a Preliminary Objection and for hearing, is entitled to costs following the withdrawal of the suit by the applicant. There was no conduct on the part of the respondent that would disentitle it to costs. The court exercised its discretion and ordered the applicant to pay the costs of the suit to the respondent, to be determined through taxation.
Court Disposition
Application withdrawn; costs awarded to the 1st respondent.
Orders
- The applicant shall pay the costs of this suit to the Independent Electoral and Boundaries Commission, to be determined through taxation.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
JUDICIAL REVIEW APPLICATION No. 3 Of 2017
MARRYANN NYAGA WANJIRU.............................................................APPLICANT
VERSUS
INDEPENDENT ELECTORAL BOUNDARIES COMMISSION....1st RESPONDENT
JUBILEE PARTY.............................................................................2nd RESPONDENT
CHRISTOPHER MARK MWANGI..............................................INTERESTED PARTY
RULING
1. The applicant MARRYANN NYAGA WANJIKU by her application dated 4th September, 2017 sought leave to apply for orders of Certiorari to quash the decision of Independent Electoral and Boundaries Commission (I E B C) to gazette the list of nominated members of County Assembly of Laikipia.
2. By a notice dated 4th October 2017 the applicant withdrew the whole suit.
3. I E B C submitted before court, in the absence of the applicant, that it is entitled to costs.
4. It is an established principle of law that a successful party is entitled to costs. It is also a principle of law that costs follow the event. The court however always retains the discretion to award or not to award such costs.
5. The applicant filed the present action and when confronted with a Preliminary Objection of I E B C withdrew the case. Undoubtedly
I E B C which incurred expenses filing the Preliminary Objection and preparing for hearing is in my view entitled to costs. There is no conduct of I E B C which would lead this court to find that it is unentitled to costs.
Accordingly I order the applicant to pay the costs of this suit to
I E B C which costs shall be determined through taxation.
Dated and Delivered at Nanyuki this 14th December, 2017
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Applicant ………………………………………………………
1st Respondent ………………………………………………
2nd Respondent ………………………………………………
Interested Party ………………………………………………
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE