Lagat v Rono & 2 others (Environment and Land Case 967 of 2021) [2026] KEELC 3562 (KLR)
The bottom line
#A Kenyan court confirmed anyone can freely withdraw their case before judgment, and a withdrawn contempt application ended with no one paying costs.
What this practically means
#Executive summary
#Key legal issues
#Right to withdraw an application before the court
The Notice of Withdrawal dated 8th June 2026 was allowed; a party may freely and voluntarily withdraw a matter, and such withdrawal aligns with the constitutional imperative that justice shall not be delayed
Counsel for the decree holder sought to withdraw the entire contempt application, noting it was unresponded to and set only for directions. The court held withdrawal is an established right and consistent with Article 159(2)(b). Since the withdrawal was voluntary, the application was marked withdrawn in its entirety.
Costs on withdrawal
No orders as to costs were made, invoking the proviso to Section 27(1) of the Civil Procedure Act and the Supreme Court decision in Jasbir Singh Rai & others v Tarlochan Rai & others
Exercising the discretion under the proviso to Section 27(1) of the Civil Procedure Act, and guided by Jasbir Singh Rai & others v Tarlochan Rai & others (2014) eKLR, the court declined to award costs to any party, there being no response to the withdrawn application.
Legal principles established
#- A party has a constitutional right to freely and voluntarily withdraw a matter before court
Court orders
#- 1.The application dated 19th May 2026 is hereby marked as withdrawn in entirety
- Jurisdiction invoked
- Inherent jurisdiction over contempt and Notice of Withdrawal under Article 159(2)(b) of the Constitution and Section 27(1) of the Civil Procedure Act (Chapter 21, Laws of Kenya); specific case number not stated
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lagat v Rono & 2 others (Environment and Land Case 967 of 2021) [2026] KEELC 3562 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3562/eng@2026-06-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.