Petition withdrawn (Petitioner v. 1st-7th Respondents)
The bottom line
#When a Kenyan petition is withdrawn early—before pleadings close—courts often rule that no party gets costs, leaving everyone to pay their own legal bills.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the withdrawal of the Petition should be allowed
- 2.Whether any of the Respondents should be awarded costs following the withdrawal
Key legal issues
#Whether costs should follow a withdrawn petition
No costs were awarded because the Petition was withdrawn at its preliminary stages before pleadings closed
The court applied Section 27 of the Civil Procedure Act and the DMG v EWG factors. Although costs ordinarily follow the event, the stage of termination is a key consideration. Because the Petition was withdrawn before directions on hearing and before pleadings closed, the court found it unfit and unjust to award costs to any Respondent and directed each party to bear its own costs.
Legal principles established
#- Costs of and incidental to suits are in the discretion of the Court and follow the event unless the Court for good reasons otherwise directs
- The stage at which proceedings are terminated is a key consideration in deciding whether to award costs on withdrawal
Court orders
#- 1.The withdrawal of the Petition is allowed
- 2.The Petition is marked as withdrawn with no orders as to costs
- 3.Each party bears its own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not expressly stated; costs jurisdiction under Section 27 of the Civil Procedure Act
Relief refused
#Costs sought by the 1st, 2nd, 3rd and 6th Respondents
The Petition was withdrawn at a preliminary stage before pleadings closed, making an award of costs unfit and unjust
Costs
Each party bears its own costs; the Petition is marked as withdrawn with no orders as to costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
considering stage at which proceedings were terminated, I don’t consider it fit and just to award costs to any of the Respondents. The most appropriate order, considering the overall circumstances of this case is that each party bears its costs.
Therefore, the Petition herein is marked as withdrawn with no orders as to costs. It is so ordered.
Provided that costs of any action, cause or other matter or issue shall follow the event unless the Court or Judge shall for good reasons otherwise direct.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Petition withdrawn (Petitioner v. 1st-7th Respondents)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3424/eng@2024-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.