Kenya Case Law

Kiruthi v Kiruthi

Kiruthi v Kiruthi [2025] KEHC 10274 (KLR)

Court

High Court

Case number

Civil Appeal E282 of 2024

Judge

TW Ouya

The court found that the applicant failed to demonstrate substantial loss as required under Order 42 Rule 6 of the Civil Procedure Rules. The application for stay was filed after an undue delay of eight months, with no explanation provided for the delay. The familial relationship between the parties, while acknowledged, does not constitute substantial loss in law. Execution is a lawful process, and the applicant's impecuniosity and concerns about family relations do not meet the threshold for granting a stay. Consequently, the court exercised its discretion to dismiss the application for stay…

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• Stay Of Execution
• Costs Award
• Withdrawal Of Suit
• Judicial Discretion

Gichuki & another v Church Commissioner of Kenya

Gichuki & another v Church Commissioner of Kenya [2025] KEELC 5128 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E017 of 2023

Judge

MN Gicheru

After the applicants withdrew an Environment and Land suit, the court held that costs follow the event and awarded costs to the respondent.

• Costs Follow Event
• Withdrawal Of Suit
• Land Eviction
• Court Discretion On Costs
• Costs-follow-event
• Withdrawal-of-suit

Republic v Chairman and Members of Kapsabet Division Land Disputes Tribunal & 2 others

Republic v Chairman and Members of Kapsabet Division Land Disputes Tribunal & 2 others [2025] KEHC 9657 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application 47 of 2002

Judge

RN Nyakundi

The High Court allowed the applicant to withdraw a judicial review suit challenging a land tribunal award and magistrate’s decree, with no order as to costs.

• Judicial Review
• Certiorari
• Prohibition Orders
• Tribunal Jurisdiction
• Withdrawal Of Suit
• Judicial-review

Simiyu v Mukenya & 3 others

Simiyu v Mukenya & 3 others [2025] KEELC 4930 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E002 of 2023

Judge

EC Cherono

The plaintiff withdrew a land dispute after several adjournments. The court ordered him to pay the respondents’ costs, with interest from 12 March 2025.

• Withdrawal Of Suit
• Costs Follow Event
• Trespass To Land
• Injunctions
• Estate Property Disputes
• Withdrawal-of-suit

Kamau & 2 others (Being the Chairman, Secretary and Committee Member of Johari Welfare Association) v County Government of Kiambu & another

Kamau & 2 others (Being the Chairman, Secretary and Committee Member of Johari Welfare Association) v County Government of Kiambu & another [2025] KEHC 8468 (KLR)

Court

High Court

Case number

Civil Case 22 of 2019

Judge

DO Chepkwony

The High Court granted leave to withdraw the suit, but ordered the plaintiffs to pay the defendants’ costs because both defendants had actively participated in the case.

• Withdrawal Of Suit
• Costs Award
• Leave Of Court
• Withdrawal-of-suit
• Costs-award
• Civil-procedure

Cimex Concrete Company Limited v Business Partners International (K) Ltd & another

Cimex Concrete Company Limited v Business Partners International (K) Ltd & another [2025] KEHC 8419 (KLR)

Court

High Court

Case number

Civil Case E020 of 2022

Judge

DO Chepkwony

The High Court allowed withdrawal of the suit and awarded costs to the 1st respondent only, applying the principle that costs follow the event.

• Withdrawal Of Suit
• Costs Follow Event
• Discretion Of Court On Costs
• Withdrawal-of-suit
• Costs-follow-event
• Civil-procedure

Gitau & 6 others v Attorney General for Commissioner of Lands & another

Gitau & 6 others v Attorney General for Commissioner of Lands & another [2025] KEELC 4301 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 120 of 2008

Judge

OA Angote

The court found that the application dated 4th April, 2025 was a duplicate of the earlier application for stay of execution and constituted an abuse of court process, warranting its dismissal with costs. Regarding the application dated 28th February, 2025, the court held that although the applicants relied on an incorrect procedural provision, the substance of their request for stay of execution pending appeal was properly before the court. The court applied the three mandatory conditions for stay under Order 42 Rule 6: (1) the application was filed without delay; (2) the applicants demonstra…

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• Stay Of Execution
• Security For Costs
• Abuse Of Process
• Committal To Civil Jail
• Party Party Costs
• Withdrawal Of Suit

Savali v City Oil Kenya Ltd

Savali v City Oil Kenya Ltd [2025] KEELRC 1670 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 462 of 2019

Judge

S Radido

The Court found that the Notice of Withdrawal filed by the Claimant was not effective in withdrawing the suit because there was no evidence that it was served on the Respondent as required by Order 25 Rule 1 of the Civil Procedure Rules. The Employment and Labour Relations Court (Procedure) Rules 2016 and 2024 do not provide a specific procedure for withdrawal, so the Civil Procedure Rules apply. The requirement of service is a policy consideration to allow the other party to address the Court on consequential matters such as costs. Since the Respondent was not served and continued to partici…

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• Withdrawal Of Suit
• Procedural Requirements
• Service Of Process
• Costs In Employment Disputes

Omao v Omao & another

Omao v Omao & another [2025] KEELC 4097 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 93 of 2021

Judge

DO Ohungo

The court found that the applicants' contention that the Plaint discloses no reasonable cause of action was not based on the Plaint itself but on alleged subsequent developments, namely an affidavit and notice of withdrawal, which were denied by the respondent and not supported by any order on record. The court emphasized that, under Order 2 Rule 15(2) of the Civil Procedure Rules, such applications must be determined solely on the face of the pleadings and not on extraneous evidence. Since the Plaint had not been withdrawn and there was no order marking it as such, and because the applicatio…

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• Striking Out Of Pleadings
• Reasonable Cause Of Action
• Locus Standi
• Withdrawal Of Suit
• Land Registration Disputes

Midumbi (Suing as Personal Representative of the Estate of the Late Polycap Otieno Arodi - Deceased) v Sule & 6 others

Midumbi (Suing as Personal Representative of the Estate of the Late Polycap Otieno Arodi - Deceased) v Sule & 6 others [2025] KEELC 4080 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E009 of 2023

Judge

E Asati

The court found that the appeal was misconceived as it purported to challenge a judgment when in fact the only decision delivered was a ruling on a post-judgment application. The trial court had properly analyzed the evidence and found that the consent order for subdivision of land was complied with, as each family received half of the land, and there was no complaint from the 1st respondent. The appellant's dissatisfaction stemmed from intra-family distribution, not from non-compliance with the consent. The interested parties (now respondents) were not properly joined to the suit, as the sui…

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• Consent Orders
• Joinder Of Parties
• Withdrawal Of Suit
• Land Subdivision
• Succession Procedure