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ELCOtherELCLC E015 OF 2024

County Government of Nandi & Another v Dorice Ronoh Moron'g & Another

Environment and Land Court of Kenya
23 September 2026
GOG M A Ongondo
331 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed that a party can freely withdraw a court application as long as no one else is prejudiced.

What this practically means

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Executive summary

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This is a brief ruling of the Environment and Land Court at Kapsabet (Ongondo J) in a land dispute between the County Government of Nandi (plaintiff) and Dorice Ronoh Moron'g and the Land Registrar, Nandi County (defendants). The 1st defendant, through Aminga, Opiyo Masese and Company Advocates, had filed a Notice of Motion dated 14th July 2026 seeking to strike out the plaintiff's amended plaint dated 21st May 2026, which had been filed without leave of the court. When the matter came up, counsel for the 1st defendant (M/s Otieno) sought to withdraw the application to pave way for hearing of the plaintiff's own application dated 3rd July 2026, and counsel for the plaintiff (M/s Chebet) raised no objection. The court held that it is trite law that a party's liberty to withdraw a matter cannot be taken away, and that the court must allow a party who has approached the court to withdraw if no prejudice will be caused to the other party, citing the Supreme Court decision in Robert Mutiso Lelli v Kenya Medical Training College & 2 others (2021). Finding that no prejudice would occasion on the other parties, the court marked the 1st defendant's application dated 14th July 2026 as withdrawn with no orders as to costs. The substantive suit and the plaintiff's pending application were unaffected.

Key legal issues

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01

Right to withdraw an application

Holding

The 1st defendant had the right to withdraw its application as no prejudice would occasion on the other parties.

Reasoning

Counsel for the 1st defendant sought withdrawal of the application to pave way for hearing of the plaintiff's application dated 3rd July 2026, and counsel for the plaintiff raised no objection. Relying on Robert Mutiso Lelli v Kenya Medical Training College & 2 others, the court held that a party's liberty to withdraw a matter cannot be taken away where no prejudice is caused to the other party, and accordingly marked the application withdrawn.

p. 2

Legal principles established

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  • A party's liberty to withdraw a matter or application cannot be taken away, provided no prejudice is caused to the other party.

Court orders

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  1. 1.The application dated 14th July 2026 is marked as withdrawn with no orders as to costs
Jurisdiction invoked
Inherent case-management discretion of the Environment and Land Court over a suit pending before it

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, "County Government of Nandi & Another v Dorice Ronoh Moron'g & Another", Case Analysis (2026). ELCLC E015 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5711/eng@2026-09-23

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