https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3193
The court held that because the respondent did not file any response to the Originating Summons, he was not entitled to instruction fees. The only recoverable costs were those for drawing the written submissions filed on 29-1-2026, and costs were awarded on that limited basis.
Source-derived case information.
- Citation
- [2026] KEELC 3193 (KLR)
- Parties
- Applicant/plaintiff: Winfred Mwende Njuguna; Respondent/defendant: Simon Kimani Ng'ang'a (Suing as the Legal Representative of the Estate of the Late Benson Nyoike)
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E058 of 2025
- Procedural Posture
- Environment and Land Case (originating Summons) / Ruling on Costs After Withdrawal of Suit
- Outcome
- Costs awarded to the defendant on a limited basis only
- Judges
- ["MN Gicheru"]
- Legal Topics
- Costs Following Withdrawal of Suit, Entitlement to Instruction Fees, Withdrawal of Originating Summons, Costs of Submissions Only
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winfred Mwende Njuguna
Applicant/plaintiff
Simon Kimani Ng'ang'a (Suing as the Legal Representative of the Estate of the Late Benson Nyoike)
Respondent/defendant
Procedural Posture
Environment and Land Case (originating Summons) / Ruling on Costs After Withdrawal of Suit
Legal Issues
- 1 Whether costs should follow the event after withdrawal of the suit
- 2 Whether the short duration between filing and withdrawal affects the award of costs
- 3 Whether the respondent was entitled to instruction fees without filing a response
Ratio Decidendi
The court held that because the respondent did not file any response to the Originating Summons, he was not entitled to instruction fees. The only recoverable costs were those for drawing the written submissions filed on 29-1-2026, and costs were awarded on that limited basis.
Court Disposition
Costs awarded to the defendant on a limited basis only
Orders
- The defendant is awarded costs of drawing submissions dated 29-1-2026 only.
Full Case Text
Judgment text and source record
1 paragraphs
Njuguna v Ng'ang'a (Suing as the Legal Representative of the Estate of the Late Benson Nyoike) (Environment and Land Case E058 of 2025) [2026] KEELC 3193 (KLR) (19 May 2026) (Ruling) Neutral citation: [2026] KEELC 3193 (KLR) Republic of Kenya In the Environment and Land Court at Muranga Environment and Land Case E058 of 2025 MN Gicheru, J May 19, 2026 THE MATTER OF SECTION 7 & 8 OF THE LIMITTION OF ACTION ACT, CHAPTER 22 OF THE LAWS OF KENYA IN THE MATTER OF ORDER 37 RULE 7 OF THE CIVIL PROCEDURE RULES, 2010 AND IN THE MATTER OF LAND PARCEL KNOWN AS KAKUZI/KIRIMIRI BLOCK 8/103 Between Winfred Mwende Njuguna Applicant and Simon Kimani Ng'ang'a (Suing as the Legal Representative of the Estate of the Late Benson Nyoike) Respondent Ruling 1.This ruling is on costs. The Plaintiff withdrew her suit vide a notice of withdrawal dated 1-12-2025. What remains to be decided is simply whether the defendant should be awarded costs. Counsel for the parties have filed written submissions dated 27-1-2026 and 29-1-2026 respectively.The issues that arise are the following.i.Whether costs should follow the event.ii.Whether the court should consider that the suit has been withdrawn less than 2 months from the date of filing. 2.Having carefully considered the submissions by learned counsel for the parties, I find as follows.Firstly, the Respondent did not file any response to the Originating Summons. The only thing filed is the written submissions dated 29-1-2026. Since no response was filed, it would mean that the Respondent is not entitled to instruction fees. The only costs that the Defendant is entitled to are the costs of filing the submissions. 3.In conclusion and for the above stated reasons, I award the Defendant costs of drawing submissions dated 29-1-2026 only.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 19TH DAY OF MAY, 2026.M.N. GICHERUJUDGE.Delivered online in the presence of; -Mutunga – Court Assistant.Plaintiff's Counsel – Miss Kabuba holding brief.Defendant's Counsel – Mr Mwaura.