Okungi v Odingo (Environment and Land Case E023 of 2023) [2026] KEELC 4480 (KLR)

Okungi v Odingo (Environment and Land Case E023 of 2023) [2026] KEELC 4480 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEELC 4480 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E023 OF 2023 GMA ONGONDO, J JULY 13, 2026 BETWEEN ELKANAH MBONE OKUNGI ................................................................. PLAINTIFF AND BATSON MUDASHI ODINGO ............................................................ DEFENDANT RULING 1. By the application dated 18th January 2026 through AK and Company Advocates LLP, the applicant/ plaintifi has sought principally for an order directing the County Surveyor Nandi to survey land reference number Nandi/Serem/271 for purposes of establishing current occupation and acreage, among others. 2. In the Replying Afidavit of eleven paragraphs sworn on 6th February 2026, the respondent through Ochieng Ndolo and Company Advocates, opposed the application and termed it, inter alia, misconceived, ill-advised and an abuse of the court process. 3. Learned counsel for the applicant filed a Notice of withdrawal dated 15th June 2026 as regards the application. 4. Mr. Ndolo learned counsel for the respondent referred to the application and the notice of withdrawal. He had no objection to the withdrawal of the application. 5. It is trite law that a party’s right to withdraw a matter cannot be taken away; See Robert M. Lelli vs Kenya Medical Training College & 2 others {2021} KESC 21 (KLR). 6. Thus, the applicant has the right to withdraw the application and the notice dated 15th June 2026 thereof is merited. 7. In the result, the application dated 18th January 2026 is hereby marked as wholly and unreservedly withdrawn with no orders as to costs. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4480/eng@2026-07-13 1

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