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ELCOtherNot stated in the judgment· [2026] KEELC 3193 (KLR)

Njuguna v Ng'ang'a (Suing as the Legal Representative of the Estate of the Late Benson Nyoike) (Environment and Land Case E058 of 2025) [2026] KEELC 3193 (KLR)

Environment and Land Court
19 May 2026
MGM.N. Gicheru
215 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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If you don't formally respond to a lawsuit, winning costs may still leave you out of pocket for legal fees.

What this practically means

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Executive summary

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This is a short costs ruling of the Environment and Land Court at Murang'a following the Plaintiff's withdrawal of her suit by notice of withdrawal dated 1 December 2025, less than two months after filing. The only remaining question was whether the Defendant should be awarded costs. Both parties filed written submissions, dated 27 January 2026 and 29 January 2026 respectively. The court framed two issues: whether costs should follow the event, and whether the early withdrawal of the suit should be taken into account. The court found that the Defendant had not filed any response to the Originating Summons; the only document on record was the Defendant's written submissions dated 29 January 2026. Because no response was filed, the Defendant was not entitled to instruction fees, and the court limited the award to the costs of drawing and filing those submissions. No authorities were cited and no response to the Originating Summons existed for the court to consider. M.N. Gicheru J delivered the ruling virtually at Murang'a on 19 May 2026, awarding the Defendant the costs of drawing the submissions dated 29 January 2026 only. The ruling is notable for departing from the general rule that costs follow the event, restricting recovery where the successful party took no substantive step in defending the suit.

Key legal issues

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01

Whether costs should follow the event after withdrawal of the suit

Holding

The Defendant is entitled to limited costs only - the costs of drawing and filing submissions dated 29-1-2026 - because no response was filed to the Originating Summons

Reasoning

The court noted that the Defendant filed no response to the Originating Summons; the only document filed was written submissions dated 29-1-2026. Absent a response, the Defendant could not claim instruction fees. The court therefore departed from the general rule that costs follow the event by restricting the award to submission costs only.

p. 2
02

Whether the withdrawal of the suit less than two months from filing should influence costs

Holding

The early withdrawal formed part of the framing but the operative reasoning rested on the absence of a response; costs were limited accordingly

Reasoning

The court framed the early withdrawal as an issue but its determination turned principally on the Defendant's failure to file a response. No separate reasoning on the timing of withdrawal is articulated beyond the conclusion limiting costs to submissions.

p. 1

Legal principles established

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  • A party who files no response to an Originating Summons is not entitled to instruction fees, and may be limited to costs of submissions only

Court orders

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  1. 1.The Defendant is awarded costs of drawing the submissions dated 29-1-2026 only
Jurisdiction invoked
Inherent power to award costs following withdrawal of suit (specific provision not cited in the ruling)

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, "Njuguna v Ng'ang'a (Suing as the Legal Representative of the Estate of the Late Benson Nyoike) (Environment and Land Case E058 of 2025) [2026] KEELC 3193 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3193/eng@2026-05-19

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