Equatorial Land Holdings Limited & another v Bwambok & another; Ministry of Mining, Blue Economy and Martime Aairs (Interested Party) (Environment and Land Case E035 of 2025) [2025] KEELC 18261 (KLR) (16 December 2025) (Ruling) Neutral citation: [2025] KEELC 18261 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E035 OF 2025 GMA ONGONDO, J DECEMBER 16, 2025 BETWEEN EQUATORIAL LAND HOLDINGS LIMITED ............................... 1ST APPLICANT KAREBE GOLD MINING LIMITED .............................................. 2ND APPLICANT AND ISAAC KIPTOO BWAMBOK ....................................................... 1ST RESPONDENT ELIZABETH JEBET ....................................................................... 2ND RESPONDENT AND MINISTRY OF MINING, BLUE ECONOMY AND MARTIME AFFAIRS .................................................................................... INTERESTED PARTY RULING 1. The Applicants/Plaintis through Brian Otieno and Company Advocates commenced an application by way of Chamber Summons dated 9th December 2025 seeking, inter alia, an interim injunction against the 1st and 2nd Respondent jointly and severally restraining themselves, their agents, servants and/or employees from evicting, entering into, trespassing, blocking, locking and/or interfering in any manner whatsoever with the Applicant’s quiet and peaceful possession of all that parcel of land known as land reference No. Nandi/Chemase/259 situated in Nandi County pending inter-partes hearing of the application. 2. The application is set for inter-partes hearing today. However, Mr. Brian Otieno alongside Mr. Lumumba instructed by Orende Learned Counsel for the Applicants have drawn the attention of this https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18261/eng@2025-12-16 1
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Court to the notice dated 12th December 2025 under Order 25 Rule 1 of the Civil Procedure Rules 2010 which reads; ‘take Notice that the 1st and 2nd Plaintis/Applicants herein by this notice hereby wholly and unreservedly withdraws the Chamber Summons dated 9th December, 2025.’ 3. Thus, the Applicants have implored the Court to allow the withdrawal of the application. 4. Mr. Muhoro and Mr. J. Ngwele learned Counsel for the 1st and 2nd Respondents respectively have no opposition to the withdrawal of the application. 5. It is trite that a party has generally, the right to withdraw a matter; See Asanyo & 3 others -vs- Attorney General {2020} KSCE 62 and Council of Governors -vs- Senate & another (2014) eKLR. 6. In the circumstances, the Applicants have the right to withdraw the application. 7. Consequently, the application dated 9th December 2025 is hereby marked as wholly and unreservedly withdrawn with no orders as to costs. 8. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 16TH DAY OF DECEMBER 2025. HON. G. M. A. ONG’ONDO JUDGE In the presence of; Mr. Brian Otieno alongside Mr. Lumumba instructed by Orende learned Counsel for the Applicants/Plaintis Mr. Muhoro learned Counsel for the 1st Respondent Mr. J. Ngwele instructed by Henry Kenei earned Counsel for the 2nd Respondent Walter, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18261/eng@2025-12-16 2
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