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ELCOtherNot stated in judgment· [2026] KEELC 4202 (KLR)
Jepkemboi & another v Kipkemboi (Environment and Land Case E004 of 2023) [2026] KEELC 4202 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The High Court allowed a law firm to withdraw its own application to stop representing two plaintiffs, with no immediate costs awarded.
What this practically means
#Executive summary
#By an application dated 5th June 2026, the firm of Cheruiyot Kirui and Company Advocates sought leave to cease acting for the 1st and 2nd plaintiffs in the suit, with costs provided for. Before the application was determined, the firm filed a notice of withdrawal dated 6th July 2026 seeking to withdraw the application itself, with no orders as to costs. The court, per Hon. G M A Ongondo, J, applied the established principle that a party is at liberty to withdraw a matter before the court and such withdrawal must be allowed provided it causes no prejudice to the other parties, citing the Supreme Court decisions in Council of Governors vs Senate and Lelli vs Kenya Medical Training College. The court found it crystal clear that the withdrawal would cause no prejudice to the other parties, and allowed the notice of withdrawal as merited. Consequently, the application dated 5th June 2026 was marked as withdrawn. On costs, the court invoked the proviso to section 27(1) of the Civil Procedure Act (Chapter 21) and, guided by Jasbir Singh Rai & 3 others vs Tarlochan Singh Rai Estate, ordered costs to be in the cause rather than making any immediate award. The judgment was dated and delivered at Kapsabet on 7th July 2026.
Key legal issues
#01
Whether a party may withdraw a matter or application without causing prejudice
Holding
Yes; the withdrawal is permitted where it causes no prejudice to the other parties, and here no prejudice would arise
Reasoning
The court relied on Supreme Court authority establishing that withdrawal of a matter is a party's prerogative provided other parties suffer no prejudice. Finding the notice of withdrawal would cause no prejudice to the other parties, the court allowed the withdrawal and marked the underlying application as withdrawn.
p. 1
Legal principles established
#- A party is at liberty to withdraw a matter before court and the withdrawal must be allowed provided it causes no prejudice to the other parties
Court orders
#- 1.The notice of withdrawal dated 6th July 2026 is allowed
- 2.The application dated 5th June 2026 is marked as withdrawn
- 3.Costs be in the cause
- Jurisdiction invoked
- Inherent jurisdiction over party representation; Civil Procedure Act Chapter 21, section 27(1) on costs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jepkemboi & another v Kipkemboi (Environment and Land Case E004 of 2023) [2026] KEELC 4202 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4202/eng@2026-07-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.