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ELCOtherMLD ELCLC NO. E005/25· [2026] KEELC 3178 (KLR)
Swaleh v Abdulrahim & another (Environment and Land Case 26 of 2025) [2026] KEELC 3178 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This short ruling of the Environment and Land Court at Malindi deals solely with the question of costs following the plaintiff's withdrawal of the suit. When the matter came up for mention on 3 February 2026, counsel for the plaintiff, Mr. Magolo, informed the court that his client had instructed him to withdraw the suit, and it was accordingly marked as withdrawn. The parties could not agree on whether costs should be paid, and the issue was left to the court. The court, per Mwangi Njoroge J, noted that under section 27 of the Civil Procedure Act costs follow the event save where the court orders otherwise. It found that the suit was withdrawn before a defence could be filed, and that the work done by the defendants was minimal - only a replying affidavit filed in response to a motion dated 16 January 2026. The court also commended the plaintiff's decision to withdraw at an early stage rather than drag all parties and the court through full litigation, describing it as consistent with the current dispensation encouraging alternative dispute resolution. Exercising its discretion, the court ordered that each party bear its own costs of the suit. The judgment was dated, signed and delivered at Malindi via electronic mail on 19 May 2026. No substantive claims were determined, and no other relief was granted or refused.
Key legal issues
#01
Award of costs upon early withdrawal of a suit
Holding
The court exercised its discretion under section 27 of the Civil Procedure Act to order each party to bear its own costs, given the early withdrawal and minimal work done by the defendants.
Reasoning
The plaintiff withdrew the suit before a defence was filed; the defendants' only work was a replying affidavit to a motion. The court commended the early withdrawal as consistent with the encouragement of alternative dispute resolution and held it appropriate for parties to part amicably, including on costs.
p. 2
Legal principles established
#- Costs follow the event unless the court orders otherwise, and a court may order each party to bear its own costs where a suit is withdrawn at an early stage.
Court orders
#- 1.Each party shall bear their own costs of the suit
- Jurisdiction invoked
- Section 27 of the Civil Procedure Act (costs follow the event unless the court orders otherwise)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Swaleh v Abdulrahim & another (Environment and Land Case 26 of 2025) [2026] KEELC 3178 (KLR)", Case Analysis (2026). MLD ELCLC NO. E005/25. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3178/eng@2026-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.