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ELCOtherMCCC/E032/2024 (appeal from)· [2026] KEELC 3058 (KLR)
Amaisa v Kemei (Land Case Appeal E006 of 2026) [2026] KEELC 3058 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan High Court confirmed you can freely withdraw your appeal before hearing, but the original judgment against you still stands.
What this practically means
#Executive summary
#This was a short ruling on a notice of withdrawal of an appeal. The appellant, appearing in person, had lodged an appeal against the judgment and decree delivered on 17th February 2026 in MCCC/E032/2024, in which he sought to have the appeal allowed, the judgment and decree set aside, and judgment entered for him as prayed in the plaint for Ksh. 361,399 together with costs and interest. Before the appeal could be heard, the appellant filed a Notice of withdrawal dated 8th April 2026 and urged the court to allow the withdrawal with no orders as to costs. Mr. D. Tallam, learned counsel for the respondent, acknowledged that he had just been served with the notice and raised no opposition to the withdrawal. The court, per G. M. A. Ongondo J, restated the settled position that a party generally has the right to withdraw a matter before court subject to the rules of the court, citing Geoffrey M. Asanyo & 3 others v The Attorney General (2020) eKLR. Finding the notice of withdrawal firm and meritorious, the court allowed it and marked the appeal as withdrawn with no orders as to costs. The underlying decree in MCCC/E032/2024 was therefore not disturbed, and no determination was made on the merits of the appeal.
Key legal issues
#01
Right to withdraw an appeal before hearing
Holding
The notice of withdrawal was allowed as firm, meritorious and proper in the circumstances
Reasoning
Relying on Geoffrey M. Asanyo & 3 others v The Attorney General (2020) eKLR, the court held that a party generally has the right to withdraw a matter before court subject to the rules of the court. The respondent's counsel raised no opposition, so the notice of withdrawal was allowed and the appeal marked as withdrawn with no orders as to costs.
p. 2
Legal principles established
#- A party has the right to withdraw a matter before court subject to the rules of the court
Court orders
#- 1.The Notice of withdrawal dated 8th April 2026 is allowed
- 2.The appeal is marked as withdrawn with no orders as to costs
- On appeal from
- Magistrates' Court
- MCCC/E032/2024
- Jurisdiction invoked
- Appellate jurisdiction over appeals from the magistrates' court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amaisa v Kemei (Land Case Appeal E006 of 2026) [2026] KEELC 3058 (KLR)", Case Analysis (2026). MCCC/E032/2024 (appeal from). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3058/eng@2026-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.