Lagat v Rono & 2 others (Environment and Land Case 967 of 2021) [2026] KEELC 3562 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEELC 3562 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE 967 OF 2021 GMA ONGONDO, J JUNE 8, 2026 BETWEEN ESTHER JEPTANUI LAGAT .................................................................... PLAINTIFF AND EMILY JEBOR RONO ...................................................................... 1ST DEFENDANT ANDREW KOSGEI .......................................................................... 2ND DEFENDANT AND DANIEL KIPKOECH ............................................................... INTERESTED PARTY RULING 1. The Decree Holder/Applicant/Plaintifi, Esther Jeptanui Lagat through Limo R.K and Company Advocates commenced an application by way of the Notice of Motion dated 19th May 2026, for orders, inter alia, summons to the 2nd and 3rd respondents herein to show cause why they should not be committed to civil jail for a period of up to two years for blatantly disrespecting this Honourable Court by disobeying orders issued on 30th November 2023 and 19th December 2024. 2. Notably, the application has not been responded to and the same is set for directions today. The respondents being aware of the matter, are absent in court. 3. Mr. Kibii learned counsel for the Decree Holder/applicant referred to the Notice of Withdrawal dated 8th June 2026 and urged the court to allow the withdrawal of the entire application with no orders as to costs since there is no response to it and that matter proceeds by way of warrant issued by the Deputy Registrar herein. 4. It is established law that a party has a constitutional right to freely and voluntarily withdraw a matter before court; see Robert Lelli vs Kenya Medical Training College & 2 others (2021) eKLR. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3562/eng@2026-06-08 1
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5. The Decree Holder/applicant/plaintifi has freely and voluntarily agreed to withdraw the entire application. 6. The withdrawal of the application is in line with Article 159 (2) (b) of the Constitution of Kenya 2010 which stipulates; Justice shall not be delayed’ 7. In the premises, the Notice of Withdrawal dated 8th June 2026 has merit. 8. Thus, the application dated 19th May 2026 is hereby marked as withdrawn in entirety herein. 9. By dint of the proviso to Section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya and subscribing to, inter alia, the Supreme Court of Kenya decision in the case of Jasbir Singh Rai & others vs Tarlochan Rai & others (2014) eKLR, I make no orders as to costs. 10. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 8TH DAY OF JUNE 2026. HON. G.M.A. ONGONDO JUDGE In the presence of; Mr. Kibii Patrick learned counsel for the Decree Holder/applicant/plaintifi Mr. Kariuki, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3562/eng@2026-06-08 2
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