Seroney v Land Registrar, Kapsabet Lands Office & another; Silverland Limited (Interested Party) (Environment & Land Petition E005 of 2024) [2025] KEELC 4225 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you can withdraw your own case anytime before judgment, and the court declined to punish that choice with costs.
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 petitioner's Notice of withdrawal dated 25th April 2025 pursuant to Order 25 Rule 1 of the Civil Procedure Rules 2010 should be allowed
- 2.Whether the withdrawal should be allowed with or without costs
Key legal issues
#Whether a petitioner may withdraw a petition as of right before judgment
Yes, under Order 25 of the Civil Procedure Rules a petitioner may discontinue at any stage prior to judgment, and the withdrawal should be permitted
Relying on the Supreme Court's decision in re Council of Governors, the court held that the right to withdraw proceedings is a matter of right and cannot be taken away, consistent with the constitutional principle of alternative dispute resolution under Article 159. Guided by sections 1A, 1B, 3 and 3A of the Civil Procedure Act and the Environment and Land Court Act, the court found the notice of withdrawal valid.
What is the effect of an permitted withdrawal on the petition
The petition is marked withdrawn in its entirety with no orders as to costs
Following Rai & 3 others v Rai & 4 others, and applying the overriding objective, the court marked the whole petition as withdrawn without costs, meaning the substantive dispute over LR Nandi/Chekumia/502 remains unresolved in this petition though a fresh suit may be filed.
Legal principles established
#- A party has a right to withdraw or discontinue proceedings at any stage prior to judgment, and withdrawal takes effect once the court permits it
Court orders
#- 1.The notice of withdrawal dated 25th April 2025 is declared sound or valid
- 2.The petition in its entirety is marked as withdrawn with no orders as to costs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
- Sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Cap 21) and sections 3 and 19 of the Environment and Land Court Act 2015; Order 25 Rule 1 of the Civil Procedure Rules 2010
Relief refused
#Interested party's request that the petition be heard to conclusion
The petitioner has the right to discontinue the petition at any stage prior to judgment under Order 25, and the Supreme Court has held that the right to withdraw proceedings ought to be allowed as a matter of right
Interested party's claim to costs of the petition
The court exercised its discretion to mark the petition withdrawn with no orders as to costs
Costs
No orders as to costs
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.
In the foregone, the notice of withdrawal dated 25th April 2025 is sound or valid.
Accordingly, this petition in entirety is hereby marked as withdrawn with no orders as to costs
It is so ordered.
Issues in the judgment
#The judgment refers to 'the 1st and 2nd interested parties' being served, but earlier only a single interested party (through director Geofirey Kiprotich Koros) is described in the petition's prayers and the replying affidavit
The respondent's position is not set out on the record; only the petitioner and interested party made submissions on the notice of withdrawal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Seroney v Land Registrar, Kapsabet Lands Office & another; Silverland Limited (Interested Party) (Environment & Land Petition E005 of 2024) [2025] KEELC 4225 (KLR)", Case Analysis (2025). Petition dated 29th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4225/eng@2025-06-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.