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ELCOtherELC Civil Appeal Case No. E016 of 2024· KAPSABET ELCLA NO. E016 OF 2026
Peter Keino (On Behalf of Kipkaren Community) & 25 Others v The Board of Trustees
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·~2 min to read original · ~4 min briefThe bottom line
#Twenty-six community members withdrew their land appeal against a school board, and the court confirmed anyone can freely withdraw a case before it is heard.
What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Kapsabet in an appeal by 26 appellants, appearing in person, against the decision of Hon. Samuel M. Mokua (Chief Magistrate) delivered on 19 November 2024 in Kapsabet Chief Magistrate's Court Environment and Land Case No. 19 of 2019, in which the appellants' suit - concerning land being NANDI/KIPKAREN SALIENT/74 on which St. Brigitas Girls Secondary School (formerly Kipkaren Girls Secondary School) sits - was dismissed in its entirety for lack of locus standi. The appeal was filed by memorandum of appeal dated 18 December 2024, contending that the trial magistrate erred in law and fact in dismissing the suit for lack of locus standi and in failing to consider that the appellants were founding members of the school on the suit land. Before the appeal could be heard, the appellants filed a notice of withdrawal dated 21 January 2026 seeking to wholly withdraw the appeal against the respondent, with no orders as to costs, noting that the respondent had not been served. The court, per Hon. G M A Ongondo, J, held that a party's liberty to withdraw a matter cannot be taken away and that the court must allow a party who approached it to withdraw if he deems fit, relying on Robert Mutiso Lelli vs Kenya Medical Training College & 2 others {2021} KESC 21 (KLR). Finding no prejudice to the unserved respondent, the court allowed the withdrawal, marked the entire appeal as withdrawn with no orders as to costs, and closed the case. The merits of the appeal grounds were never adjudicated.
Key legal issues
#01
Right to withdraw an appeal
Holding
The notice of withdrawal was merited and the appeal was marked as withdrawn with no orders as to costs.
Reasoning
The court held that a party's liberty to withdraw a matter cannot be taken away and the court must allow a party who approached the court to withdraw if he deems fit. It found no prejudice would be occasioned on the respondent, who had not been served, and relied on Robert Mutiso Lelli vs Kenya Medical Training College & 2 others.
p. 4
Legal principles established
#- A party's liberty to withdraw a matter cannot be taken away; the court must allow a party who approached the court to withdraw if he deems fit, provided no prejudice is caused.
Court orders
#- 1.The entire appeal by a memorandum of appeal dated 18th December 2024 is marked as withdrawn with no orders as to costs
- 2.The case is closed accordingly
- On appeal from
- Kapsabet Chief Magistrate's Court (Environment and Land Case)
- Environment and Land Case No. 19 of 2019
- Jurisdiction invoked
- Appeal from the Chief Magistrate's Court to the Environment and Land Court under the Environment and Land Court Act (appeal against dismissal of suit for lack of locus standi)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Keino (On Behalf of Kipkaren Community) & 25 Others v The Board of Trustees", Case Analysis (2026). ELC Civil Appeal Case No. E016 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6178/eng@2026-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.