REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL APPEAL CASE NO. E070 OF 2026 JASON MBAYA M’MBOGORI........................................APPELLANT -VERSUSDENNIS MWITI.........................................................RESPONDENT RULING (EX-TEMPORE) 1. This appeal was filed on or about 27/6/2026. On 30/6/2026, this Court (Oguttu Mboya J) issued a conditional status-quo order in favour of the appellant. On 6/7/2026, the Court [Oguttu Mboya J] issued an order of stay of execution and listed the application dated 26/6/2026 for hearing before me on 22/7/2026. Come 22/7/2026, the appellant did not attend Court and there was no evidence of compliance with the order previously issued by the Court. The Court listed the application dated 26/6/2026 for hearing today. Page 1 | 3
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2. The appellant has, today, orally applied to withdraw the appeal with no order as to costs. The respondent does not oppose the withdrawal but insists on being awarded costs because he instructed an advocate who made filings in the appeal. 3. The court has considered the plea. Since withdrawal is uncontested, the only question to be answered in this ruling is: What order should be made with regard to costs of the appeal? 4. Under Section 27 of the Civil Procedure Act, the general principle on costs is that they follow the event. In Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 4 others [2014] eKLR], the Supreme Court of Kenya emphasized the need to be guided by the general principle and to avoid capricious exercise of the court’s discretion when dealing with the question of costs. 5. In the present appeal, the withdrawal plea has come after the respondent has instructed an advocate and has, through the instructed advocate, filed a response to the application. Clearly, the respondent has an obligation to pay legal costs to the instructed advocate. Given the above circumstances, it would be unfair to deny the respondent costs of the appeal. Consequently, the finding of the court is that the respondent is entitled to costs of the appeal. 6. In the end, this appeal is marked “withdrawn” and the appellant is to bear costs of the appeal. It is so ordered. DATED, SIGNED AND DELIVERED AT MERU THIS 28TH DAY OF SEPTEMBER, 2026. B M EBOSO [MR] Page 2 | 3
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ELC JUDGE In the presence of: Ms Kerubo for the Applicant/Appellant. Mr Kithinji for the Respondent. Court Assistant – Mr. E. Tupet Page 3 | 3
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