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)
The bottom line
#A Kenyan court allowed families to withdraw a land claim after the estate's grant was revoked, confirming plaintiffs may freely withdraw suits—but the land dispute remains unresolved.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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the plaintiffs' application to withdraw the suit should be allowed
Key legal issues
#Withdrawal of suit by plaintiffs
The application for withdrawal was meritorious and the suit was marked withdrawn with no orders as to costs.
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sought withdrawal on the ground that the grant in respect of the estate on whose behalf the suit was brought had been revoked, affecting the claim.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.
Legal principles established
#- A plaintiff has the right to withdraw a suit and the court has the discretion to allow such withdrawal.
Court orders
#- 1.The suit is marked as withdrawn with no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not expressly stated; civil suit jurisdiction over land dispute (Nandi/Sigot/29)
Quotable passages
#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The upshot is that this suit is hereby marked as withdrawn with no orders as to costs.
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.
No doubt, the withdrawal of suit is itself it’s end
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.