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ELCOtherNot stated in judgment

Republic v Deputy County Commissioner Tigania Central & 2 others; Kobia (Interested Party); Nabea & another (Ex parte Applicants) (Environment and Land Judicial Review Case E012 of 2025) [2025] KEELC 6935 (KLR)

Environment and Land Court
14 October 2025
169 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 ruled that withdrawing a case doesn't escape costs — parties who already responded get paid by the withdrawing applicant.

What this practically means

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Executive summary

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The ex-parte applicant made an oral application to withdraw the judicial review case in its entirety. The respondents and the interested party did not oppose the withdrawal but insisted on being awarded costs because they had already responded to the judicial review motion. The court, per B M Eboso, ELC Judge, applied the general principle in Section 27 of the Civil Procedure Act that costs follow the event. It noted that the respondents and the interested party had been served with the suit, had filed their responses, and had engaged the services of counsel. In those circumstances the court held there was no proper basis for departing from the general principle that costs follow the suit. The court marked the suit as withdrawn and decreed the ex-parte applicant to bear the costs of the suit. The judgment was dated, signed and delivered at Meru on 14th October 2025. The decision is a short ruling on withdrawal and costs, with no determination on the merits of the underlying judicial review motion.

Questions the Court framed

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

  1. 1.Whether the ex-parte applicant should be permitted to withdraw the judicial review case in its entirety
  2. 2.Whether costs should be awarded to the respondents and the interested party upon withdrawal

Key legal issues

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Whether withdrawal of a judicial review suit unopposed should attract costs against the withdrawing party

Holding

Yes - the applicant must bear the respondents' and interested party's costs because they had been served and had filed responses through counsel

Reasoning

The court applied Section 27 of the Civil Procedure Act, under which costs follow the event. The respondents and interested party had been served, had engaged counsel and had filed responses to the suit. Given that expenditure, the court found no proper basis to depart from the general principle that costs follow the event, and decreed the withdrawing applicant to bear the costs of the suit.

p. 2

Legal principles established

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  • Costs in civil cases follow the event under Section 27 of the Civil Procedure Act, and where respondents have been served and filed responses through counsel, there is no basis for departing from that principle even where a suit is withdrawn unopposed.

Court orders

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  1. 1.The suit is marked withdrawn
  2. 2.The ex-parte applicant is decreed to bear the costs of the suit

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Not stated in judgment (judicial review jurisdiction of the Environment and Land Court)

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 general principle on costs in a civil case is contained in Section 27 of the Civil Procedure Act, which provides that costs follow the event.
p. 1Costs - general principle
Consequently, this suit is marked withdrawn and the ex-parte applicant is decreed to bear costs of the suit. It is so ordered
p. 2Final orders - withdrawal and costs

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, "Republic v Deputy County Commissioner Tigania Central & 2 others; Kobia (Interested Party); Nabea & another (Ex parte Applicants) (Environment and Land Judicial Review Case E012 of 2025) [2025] KEELC 6935 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6935/eng@2025-10-14

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