The Accounting Officer, Kenya National Highways Authority & Another v Public Procurement Administrative Review Board
The bottom line
#If you withdraw a lawsuit before the final decision, the court can close the case, but you must pay your own legal fees.
What this practically means
#Executive summary
#Key legal issues
#Withdrawal of a judicial review motion before judgment
The court allowed the withdrawal and closed the case.
The ex parte Applicant filed a Notice of Withdrawal dated 13th October 2020 seeking to withdraw the Notice of Motion dated 25th April 2019 for all purposes. The court perused the record, noted the Respondent and Interested Parties had filed pleadings and submissions but no consent or submissions on costs, and marked the motion withdrawn.
Costs on withdrawal without consent
Each party to bear their own costs.
As there was no consent filed or submissions made on costs by the Respondent and Interested Parties, the court ordered each party to meet their respective costs rather than awarding costs against the withdrawing applicant.
Legal principles established
#- An ex parte applicant may withdraw its motion for all purposes before judgment, and the court may mark the case withdrawn and closed even where pleadings and submissions have been filed by other parties.
Court orders
#- 1.The Notice of Motion dated 25th April 2019 marked as withdrawn and the case closed
- 2.Each party to meet their respective costs of the suit
- 3.Deputy Registrar of the Judicial Review Division to send a copy of the ruling to the ex parte Applicant, Respondents and Interested Parties by electronic mail by close of business on Thursday, 15th October 2020
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court (Fair Administrative Action/procurement review); not expressly cited in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "The Accounting Officer, Kenya National Highways Authority & Another v Public Procurement Administrative Review Board", Case Analysis (2020). Judicial Review Case No. 84 of 2020. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.