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Court of AppealOtherNot stated in the judgment· [2026] KECA 30 (KLR)
Moretet Ole Barta (suing As The Legal Representative To The Estate of The Late Oloishuro Ole Barta Kura) v Ali Farah & 1 other
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·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal allowed an applicant to withdraw their application after the underlying dispute was resolved, with no party paying costs.
What this practically means
#Executive summary
#This is a brief single-judge ruling of the Court of Appeal at Eldoret delivered by M. Gachoka, JA, on 23rd January 2026. The applicant's Notice of Motion dated 20th May 2024 had been listed for hearing and determination. Before the hearing, on 21st January 2026, the applicant uploaded a letter in the CTS system seeking to withdraw the application, stating that the issues raised in it had been resolved. None of the respondents objected to the withdrawal, and none had filed responses to the application. The judge accordingly allowed the withdrawal of the Notice of Motion and made no orders as to costs, expressly noting that no costs order was appropriate because none of the respondents had filed their responses. The ruling is procedural and interlocutory in nature: it determines no substantive question of law, cites no authorities, and engages no statutory or constitutional provisions. The decision below, if any, was not reviewed, and the ruling sets out no binding propositions for lower courts. Its only practical significance is as a record that the application was withdrawn by consent-in-effect (absence of objection) with no costs ordered.
Key legal issues
#Legal principles established
#Court orders
#- 1.The Notice of Motion dated 20th May 2024 is withdrawn with no orders as to costs
- Jurisdiction invoked
- Not stated in the judgment; single judge of the Court of Appeal determining an interlocutory Notice of Motion dated 20th May 2024, withdrawn by the applicant before hearing
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moretet Ole Barta (suing As The Legal Representative To The Estate of The Late Oloishuro Ole Barta Kura) v Ali Farah & 1 other", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/30/eng@2026-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.