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ELCOtherNot stated in judgment· [2026] KEELC 464 (KLR)

Republic v Riungu & 3 others; Murithi (Ex parte Applicant) (Environment and Land Judicial Review Case E003 of 2026) [2026] KEELC 464 (KLR)

Environment and Land Court
2 February 2026
BEB M Eboso
114 words in judgment
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The bottom line

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A land court application filed at the wrong station (Meru instead of Chuka) was withdrawn without costs, freeing the applicant to refile in the right court.

What this practically means

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Executive summary

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This brief ruling of the Environment and Land Court at Meru, delivered by B M Eboso, ELC Judge, on 2 February 2026, dealt with a miscellaneous application that the ex-parte applicant wished to withdraw. The applicant explained that the application had been filed at the Meru Environment and Land Court when it should have been lodged at the Chuka Environment and Land Court, and accordingly sought to have the application marked 'withdrawn with no order as to costs'. The applicant filed a formal notice of withdrawal and made an oral application to the same effect. Ms Otieno appeared for the ex-parte applicant and Ms Wairimu for the respondents; the withdrawal was not opposed. The court observed that, in the absence of any objection, it marked the suit as 'withdrawn with no order as to costs' and directed that the file be closed. The ruling is procedurally significant only in confirming that an unopposed withdrawal of a misfiled application, with a formal notice of withdrawal, will be accepted by the ELC with no order as to costs and closure of the file. No substantive rights were determined, no authorities were cited, and no costs were awarded against any party. The file at Meru was closed, presumably leaving the applicant free to file afresh at Chuka.

Key legal issues

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01

Withdrawal of an application filed in the wrong court station

Holding

Where an applicant applies to withdraw an application filed at the wrong court and the application is unopposed, the court may mark it withdrawn with no order as to costs.

Reasoning

The ex-parte applicant acknowledged that the miscellaneous application was filed at Meru ELC instead of Chuka ELC and sought to withdraw it with no order as to costs through a formal notice of withdrawal and an oral application. The respondents did not oppose the withdrawal. In the absence of any objection, the judge allowed the withdrawal and ordered the file closed.

p. 1

Legal principles established

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    Court orders

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    1. 1.The suit is marked 'withdrawn with no order as to costs'
    2. 2.The file shall be closed
    Jurisdiction invoked
    Not stated in judgment (Environment and Land Court, miscellaneous application)

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Republic v Riungu & 3 others; Murithi (Ex parte Applicant) (Environment and Land Judicial Review Case E003 of 2026) [2026] KEELC 464 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/464/eng@2026-02-02

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.