Chepkemei v County Government of Nandi & another (Environment and Land Case E007 of 2025) [2026] KEELC 110 (KLR) (20 January 2026) (Ruling) Neutral citation: [2026] KEELC 110 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E007 OF 2025 GMA ONGONDO, J JANUARY 20, 2026 BETWEEN CATHERINE CHEPKEMEI ...................................................................... PLAINTIFF AND COUNTY GOVERNMENT OF NANDI ........................................ 1ST DEFENDANT KAPSABET MUNICIPALITY ........................................................ 2ND DEFENDANT RULING 1. In the application by way of a Notice of Motion dated 3rd April 2025, the Plaintifi/Applicant through Mutta and Company Advocates is seeking interim injunctive relief against the Defendants/ Respondents in respect of the suit land reference number BK1/39/Kapsabet/Municipality pending the hearing and determination of this suit. 2. In their replying afidavit sworn on 7th October 2025 by Alfayo Lel, the Municipal Manager, Kapsabet Municipality, the Respondents through the ofice of the County Attorney, Nandi County, opposed the application and prayed that it be dismissed with costs. 3. Mr D. Tallam learned Counsel for the Applicant has applied for the withdrawal of the application with no orders as to costs on the basis that the same has been overtaken by events for the hearing of the suit and or possible negotiations between the parties for possible settlement of the matter. 4. Ms Chebet learned Counsel for the Respondents has no opposition to the withdrawal of the application as they had been notified of the same. 5. It is trite law that the choice by a party to withdraw a suit before court, as a general rule, cannot be taken away from that party; see Council of Governors Vs Senate & another, SC Reference No. 1 of 2014 (2014) eKLR. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/110/eng@2026-01-20 1
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6. Further, no prejudice would be caused to the Respondents by the withdrawn of the application in the circumstances; see Lelli-vs- Kenya Medical Training College & 2 others Petition 10 of 2021 {2021} KESC 21 KLR(Civ) 7. The Applicant who has the right to withdraw the application, has given suficient explanation to have it withdrawn. The Court has the discretion to allow the withdrawal. 8. Accordingly, the application generated by way of a Notice of Motion dated 3rd April 2025 is hereby marked as withdrawn with no orders as to costs. 9. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 20TH DAY OF JANUARY 2026. HON G M A ONGONDO JUDGE In the presence of;Mr D Tallam Learned Counsel for the Applicant Ms Chebet Learned Counsel for the Respondents Walter, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/110/eng@2026-01-20 2
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