Seroney v Land Registrar, Kapsabet Lands Office & another; Silverland Limited (Interested Party) (Environment & Land Petition E005 of 2024) [2025] KEELC 4225 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you can withdraw your own case anytime before judgment, and the court declined to punish that choice with costs.
What this practically means
#Executive summary
#Key legal issues
#Whether a petitioner may withdraw a petition as of right before judgment
Yes, under Order 25 of the Civil Procedure Rules a petitioner may discontinue at any stage prior to judgment, and the withdrawal should be permitted
Relying on the Supreme Court's decision in re Council of Governors, the court held that the right to withdraw proceedings is a matter of right and cannot be taken away, consistent with the constitutional principle of alternative dispute resolution under Article 159. Guided by sections 1A, 1B, 3 and 3A of the Civil Procedure Act and the Environment and Land Court Act, the court found the notice of withdrawal valid.
What is the effect of an permitted withdrawal on the petition
The petition is marked withdrawn in its entirety with no orders as to costs
Following Rai & 3 others v Rai & 4 others, and applying the overriding objective, the court marked the whole petition as withdrawn without costs, meaning the substantive dispute over LR Nandi/Chekumia/502 remains unresolved in this petition though a fresh suit may be filed.
Legal principles established
#- A party has a right to withdraw or discontinue proceedings at any stage prior to judgment, and withdrawal takes effect once the court permits it
Court orders
#- 1.The notice of withdrawal dated 25th April 2025 is declared sound or valid
- 2.The petition in its entirety is marked as withdrawn with no orders as to costs
- Jurisdiction invoked
- Sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Cap 21) and sections 3 and 19 of the Environment and Land Court Act 2015; Order 25 Rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Seroney v Land Registrar, Kapsabet Lands Office & another; Silverland Limited (Interested Party) (Environment & Land Petition E005 of 2024) [2025] KEELC 4225 (KLR)", Case Analysis (2025). Petition dated 29th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4225/eng@2025-06-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.