Jingo Tours and Safaris Limited & another v Swaleh & 2 others (Environment and Land Case E068 of 2026) [2026] KEELC 4587 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that a plaintiff can freely withdraw a case before the hearing stage, with no costs awarded.
What this practically means
#Executive summary
#Key legal issues
#Right of plaintiff to withdraw suit/application before hearing
The plaintiffs, being masters of their own suit, were entitled to withdraw the Notice of Motion before inter partes hearing; the court found no warrant to interfere.
Order 25 Rule 1 permits discontinuance at any time before the suit is set down for hearing. Pleadings had not closed, no inter partes hearing had convened, no evidence taken, and defendants were not put to the labour of a full defence, so no terms were warranted beyond no order as to costs.
Costs on withdrawal
Costs follow the event but the award is discretionary and to be exercised judiciously, not mechanically; on a voluntary withdrawal with no interim advantage gained, no order as to costs was appropriate.
Following the Supreme Court's discretion jurisprudence and its treatment of a like withdrawal in the Sonko case, the court accepted the withdrawal with each party bearing its own costs, since no interim advantage had been reaped by the plaintiffs.
Legal principles established
#- A plaintiff has an untrammelled right of discontinuance at the pre-hearing stage under Order 25 Rule 1, subject only to costs and abuse of process.
- Once a suit or application is withdrawn under Order 25, it ceases to exist and cannot be resurrected within the same file.
Court orders
#- 1.The Notice of Withdrawal dated 14th July 2026 is allowed
- 2.The Notice of Motion dated 22nd June 2026 is marked as withdrawn in its entirety as against the 1st, 2nd and 3rd Defendants/Respondents
- 3.No order as to costs, as prayed
- 4.The file is closed
- Jurisdiction invoked
- Order 25 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jingo Tours and Safaris Limited & another v Swaleh & 2 others (Environment and Land Case E068 of 2026) [2026] KEELC 4587 (KLR)", Case Analysis (2026). MCC MISC/E068/2026 (related suit; Notice of Withdrawal of Suit dated 14th July 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4587/eng@2026-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.