Njuguna v Ng'ang'a (Suing as the Legal Representative of the Estate of the Late Benson Nyoike) (Environment and Land Case E058 of 2025) [2026] KEELC 3193 (KLR)

Njuguna v Ng'ang'a (Suing as the Legal Representative of the Estate of the Late Benson Nyoike) (Environment and Land Case E058 of 2025) [2026] KEELC 3193 (KLR) (19 May 2026) (Ruling) Neutral citation: [2026] KEELC 3193 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MURANGA ENVIRONMENT AND LAND CASE E058 OF 2025 MN GICHERU, J MAY 19, 2026 THE MATTER OF SECTION 7 & 8 OF THE LIMITTION OF ACTION ACT, CHAPTER 22 OF THE LAWS OF KENYA IN THE MATTER OF ORDER 37 RULE 7 OF THE CIVIL PROCEDURE RULES, 2010 AND IN THE MATTER OF LAND PARCEL KNOWN AS KAKUZI/KIRIMIRI BLOCK 8/103 BETWEEN WINFRED MWENDE NJUGUNA ........................................................ APPLICANT AND SIMON KIMANI NG'ANG'A (SUING AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF THE LATE BENSON NYOIKE) .......................... RESPONDENT RULING 1. This ruling is on costs. The Plaintifi withdrew her suit vide a notice of withdrawal dated 1-12-2025. What remains to be decided is simply whether the defendant should be awarded costs. Counsel for the parties have filed written submissions dated 27-1-2026 and 29-1-2026 respectively. The issues that arise are the following. 2. i. Whether costs should follow the event. ii. Whether the court should consider that the suit has been withdrawn less than 2 months from the date of filing. Having carefully considered the submissions by learned counsel for the parties, I find as follows. Firstly, the Respondent did not file any response to the Originating Summons. The only thing filed is the written submissions dated 29-1-2026. Since no response was filed, it would mean that the https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3193/eng@2026-05-19 1

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