Jepkemboi & another v Kipkemboi (Environment and Land Case E004 of 2023) [2026] KEELC 4202 (KLR) (7 July 2026) (Ruling) Neutral citation: [2026] KEELC 4202 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E004 OF 2023 GMA ONGONDO, J JULY 7, 2026 BETWEEN JANE JEPKEMBOI ............................................................................... 1ST PLAINTIFF BETHWEL KIBICHI LIMO ............................................................... 2ND PLAINTIFF AND JULIUS KIPKEMBOI ............................................................................. DEFENDANT RULING 1. By an application dated 5th June 2026, the firm of Cheruiyot Kirui and Company Advocates is seeking leave to cease acting on behalf of the 1st and 2nd plaintifis herein and that costs of the application be provided for. 2. Further, the said firm of advocates filed a notice of withdrawal dated 6th July 2026 regarding the application with no orders as to costs. 3. It is established law that the choice by a party is at liberty to withdraw a matter before court and the same must be allowed provided it causes no prejudice to the other parties; see Council of Governors vs Senate & another, SC Reference No. 1 of 2014 (2014) eKLR and Lelli-vs- Kenya Medical Training College & 2 others Petition 10 of 2021 {2021} KESC 21 KLR(Civ). 4. It is therefore, crystal clear that the withdrawal of the application will not cause any prejudice to the other parties herein. 5. In the foregone, the notice of withdrawal dated 6th July 2026 is merited and allowed. 6. Thus, the application dated 5th June 2026 is hereby marked as withdrawn. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4202/eng@2026-07-07 1
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7. Given the nature of the application and light of the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya as well as being guided by the Supreme Court of Kenya decision in Jasbir Singh Rai & 3 others vs Tarlochan Singh Rai Estate & 4 others (2014) eKLR, costs be in the cause. 8. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 7TH DAY OF JULY 2026. HON. G M A ONGONDO JUDGE In the presence of; Mr. Bungei learned counsel for the respondent/defendant. Mr. Kirui learned counsel for the applicant/plaintifi Mr. Walter Kipkorir, court assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4202/eng@2026-07-07 2
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