https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3678
The court allowed the withdrawal of the suit and, applying the general rule that costs follow the event under section 27 of the Civil Procedure Act, found no proper grounds to depart from that principle and ordered the plaintiff to bear the costs.
Source-derived case information.
- Citation
- [2026] KEELC 3678 (KLR)
- Parties
- Plaintiff: Stanley Mbaabu Ruluti; Defendant: Mukwaiti Kamencu (Sued as the legal representative of the Estate of Lintari Ithiuki – Deceased)
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Originating Summons E005 of 2024
- Procedural Posture
- Land Originating Summons / Ruling on Withdrawal and Costs
- Outcome
- Suit withdrawn; plaintiff ordered to pay costs.
- Judges
- ["BM Eboso"]
- Legal Topics
- Withdrawal of Suit, Costs, Discretion on Costs, Originating Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Mbaabu Ruluti
Plaintiff
Mukwaiti Kamencu (Sued as the legal representative of the Estate of Lintari Ithiuki – Deceased)
Defendant
Procedural Posture
Land Originating Summons / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the plaintiff’s suit should be allowed to be withdrawn
- 2 Who should bear the costs of the withdrawn suit
Ratio Decidendi
The court allowed the withdrawal of the suit and, applying the general rule that costs follow the event under section 27 of the Civil Procedure Act, found no proper grounds to depart from that principle and ordered the plaintiff to bear the costs.
Court Disposition
Suit withdrawn; plaintiff ordered to pay costs.
Orders
- The suit is marked withdrawn.
- The plaintiff shall bear the costs of the withdrawn suit.
Full Case Text
Judgment text and source record
1 paragraphs
Ruluti v Kamencu (Sued as the legal representative of the Estate of Lintari Ithiuki – Deceased) (Land Originating Summons E005 of 2024) [2026] KEELC 3678 (KLR) (16 June 2026) (Ruling) Neutral citation: [2026] KEELC 3678 (KLR) Republic of Kenya In the Environment and Land Court at Meru Land Originating Summons E005 of 2024 BM Eboso, J June 16, 2026 Between Stanley Mbaabu Ruluti Plaintiff and Mukwaiti Kamencu (Sued as the legal representative of the Estate of Lintari Ithiuki – Deceased) Defendant Ruling 1.Vide a notice of withdrawal dated 10/6/2026, the plaintiff seeks to withdraw this suit. Counsel for the plaintiff has submitted that the court is to exercise discretion on the issue of costs. The defendant does not object to the withdrawal of the suit but insists on being awarded costs of the suit because he engaged an advocate to defend the claim and he has incurred costs. In the circumstances, the court will allow the withdrawal. 2.On costs, the general principle in Section 27 of the Civil Procedure Act is that costs follow the event. No proper grounds have been demonstrated to warrant a departure from the general principle. Consequently, the plaintiff will bear costs of the withdrawn suit. 3.In the end, this suit is marked “withdrawn” and the plaintiff is decreed to bear costs of the suit. The file shall be marked “Case closed”. DATED SIGNED AND DELIVERED AT MERU THIS 16TH DAY OF JUNE, 2026.B M EBOSO [MR]ELC JUDGEIn the Presence ofMr Gitonga Githiu for the PlaintiffMr Nkunja for the DefendantCourt Assistant – Mr. E. Tupet