Isaiah Miriti v Igeme District Land Adjudication and Settlement Officer & another; Joseph Mwenda Malebe & 3 others (Interested parties) [2020] KEELC 2403 (KLR)
The bottom line
#The Environment and Land Court in Meru refused to award costs to two interested parties because another party's early objection had already ended the case and costs were settled.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st and 2nd interested parties were entitled to costs of the judicial review suit
Not entitled; costs were already conclusively dealt with in favour of the 4th interested party whose preliminary objection ended the litigation
Section 27 of the Civil Procedure Act confers a discretionary, not mandatory, power on costs. The court considered the conduct of parties, the stage and manner of termination and the fact that the dismissal resulted from the 4th interested party's preliminary objection, in which the 1st and 2nd interested parties played no part. Taxation proceedings had concluded on 4.4.2019. The court declined to disturb Judge Cherono's ruling of 8.2.2018 and dismissed the application with each party bearing their own costs.
Whether a consent between parties precludes an award of costs
No; a party may still pursue costs notwithstanding a consent, per Little Africa Kenya Limited v Andrew Mwiti Jason
The court cited Gikonyo J's holding that a consent compromise does not automatically exclude costs. However, this proposition, though correct in law, did not avail the applicants because the court's discretion was exercised against them on the facts, given that the litigation ended by preliminary objection and prior costs orders and taxation had already been made.
Legal principles established
#- Costs of and incidental to all suits are in the discretion of the court and shall follow the event unless the court for good reason otherwise orders
- Even where parties have entered a consent to settle proceedings, a party may still pursue an award of costs
Court orders
#- 1.The application dated 8.5.2019 by the 1st and 2nd interested parties seeking costs of the dismissed judicial review matter is dismissed
- 2.Each party to bear their own costs of the application
- Jurisdiction invoked
- Section 27 of the Civil Procedure Act (discretion to award costs) in a judicial review matter before the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isaiah Miriti v Igeme District Land Adjudication and Settlement Officer & another; Joseph Mwenda Malebe & 3 others (Interested parties) [2020] KEELC 2403 (KLR)", Case Analysis (2020). Judicial Review Application (Objection No. 829/97 A.B.C and E referenced; substantive motion filed 8/3/2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2403/eng@2020-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.