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ELCOtherNot stated in judgment

Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased) v Kurgat (Environment and Land Case E033 of 2022) [2025] KEELC 3772 (KLR)

Environment and Land Court
7 May 2025
297 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed families to withdraw a land claim after the estate's grant was revoked, confirming plaintiffs may freely withdraw suits—but the land dispute remains unresolved.

What this practically means

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Executive summary

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This brief records a short ruling of the Environment and Land Court at Kapsabet allowing the withdrawal of a suit by the plaintiffs. The plaintiffs had commenced the matter by an Originating Summons dated 9th November 2022, seeking declarations that the registered proprietor's interest over land parcel Nandi/Sigot/29 be extinguished and that the whole suit land be vested in them as administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus, deceased. Learned counsel Mr Kipkosigei Chege sought to withdraw the suit on the ground that the grant in respect of the estate had been revoked, which impacted the claim. The court, per G M A Ongondo J, observed that plaintiffs have the right to withdraw a suit and that the court has discretion to allow withdrawal, applying Beijing Industrial Designing & Researching Institute v Lagoon Development Ltd (2015) eKLR, and noting that withdrawal of a suit is itself its end, citing Priscilla Nyambura Njue v Geovhem Middle East Ltd, Kenya Bureau of Standards (Interested party) (2021) eKLR. The court found the application meritorious, marked the suit as withdrawn, and made no orders as to costs. The judgment contains no decision on the underlying land claim, which remains unresolved.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiffs' application to withdraw the suit should be allowed

Key legal issues

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Withdrawal of suit by plaintiffs

Holding

The application for withdrawal was meritorious and the suit was marked withdrawn with no orders as to costs.

Reasoning

Counsel for the plaintiffs sought withdrawal on the ground that the grant in respect of the estate on whose behalf the suit was brought had been revoked, affecting the claim. The court noted the plaintiffs' right to withdraw and its discretion to allow withdrawal, cited supporting authority, and found the application meritorious.

p. 2

Legal principles established

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  • A plaintiff has the right to withdraw a suit and the court has the discretion to allow such withdrawal.

Court orders

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  1. 1.The suit is marked as withdrawn with no orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Not expressly stated; civil suit jurisdiction over land dispute (Nandi/Sigot/29)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot is that this suit is hereby marked as withdrawn with no orders as to costs.
p. 2Final orders - withdrawal of suit
It is borne in mind that the plaintifis have the right to withdrawal the suit and the court has the discretion to allow it as held in Beijing Industrial Designing & Researching Institute v Lagoon Development Ltd (2015) eKLR.
p. 2Right to withdraw suit and court's discretion
No doubt, the withdrawal of suit is itself it’s end
p. 2Effect of withdrawal

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, "Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased) v Kurgat (Environment and Land Case E033 of 2022) [2025] KEELC 3772 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3772/eng@2025-05-07

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