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Court of AppealOtherNot stated in the ruling· [2026] KECA 538 (KLR)

Purity Somoine Meitamei v Salome Naanyu Leshan & 2 Others & 2 Others & 2 Others

Court of Appeal of Kenya
16 March 2026
JMJ. Mativo
134 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal allowed an applicant to withdraw an appeal-extension application without any costs penalty since nobody objected.

What this practically means

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Executive summary

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This is a brief two-paragraph ruling of the Court of Appeal at Nakuru delivered by Mativo, JA on 16th March 2026. The applicant's notice of motion dated 24th November 2025, by which the applicant sought leave to file a notice of appeal out of time, had been listed for hearing and determination of that prayer. However, before the court could determine it, the applicant's advocates, the firm of Mongeri & Company Advocates, filed a notice of withdrawal dated 2nd February 2026 seeking to withdraw the application with no orders as to costs. The respondents did not file any response to the application and raised no objection to the withdrawal. In those circumstances the court, noting the absence of any objection by the respondents' advocates, marked the application as withdrawn with no order as to costs. The court made no determination on the merits of the prayer for leave to appeal out of time, and the underlying intended appeal remains unaffected by any merits ruling. The decision establishes only the narrow administrative point that where an applicant withdraws an unopposed interlocutory application, the court may mark it withdrawn on the terms proposed in the notice of withdrawal. The ruling does not disturb any decision below, sets out no further questions for determination, and cites no authorities or statutory provisions.

Key legal issues

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01

Whether an unopposed application for extension of time to file a notice of appeal may be marked as withdrawn on the applicant's notice of withdrawal

Holding

Yes. The applicant filed a notice of withdrawal and the respondents filed no response, so the court marked the application as withdrawn with no order as to costs rather than determining the leave prayer on its merits.

Reasoning

The court recorded that the motion of 24th November 2025 came up for the leave prayer, but a notice of withdrawal dated 2nd February 2026 by Mongeri & Company Advocates was on record. With no response or objection from the respondents' advocates, there was nothing contested before the court, and the administrative course was to allow the withdrawal on the applicant's own terms (no order as to costs). No merits determination was made.

p. 1

Legal principles established

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  • Where an applicant has filed a notice of withdrawal and the respondent has filed no response or objection, the court may mark the application as withdrawn with no order as to costs without a contested hearing.

Court orders

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  1. 1.The applicant's notice of motion dated 24th November 2025 was marked as withdrawn with no order as to costs
Jurisdiction invoked
Inherent procedural jurisdiction of the Court of Appeal to mark an application as withdrawn upon notice of withdrawal by the applicant

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Purity Somoine Meitamei v Salome Naanyu Leshan & 2 Others & 2 Others & 2 Others", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/538/eng@2026-03-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.