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)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the ex-parte applicant should be permitted to withdraw the judicial review case in its entirety
- 2.Whether costs should be awarded to the respondents and the interested party upon withdrawal
Key legal issues
#Whether withdrawal of a judicial review suit unopposed should attract costs against the withdrawing party
Yes - the applicant must bear the respondents' and interested party's costs because they had been served and had filed responses through counsel
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.
Legal principles established
#- 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served and filed responses through counsel, there is no basis for departing from that principle even where a suit is withdrawn unopposed.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
#- 1.The suit is marked withdrawn
- 2.The ex-parte applicant is decreed to bear the costs of the suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not stated in judgment (judicial review jurisdiction of the Environment and Land Court)
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 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.
Consequently, this suit is marked withdrawn and the ex-parte applicant is decreed to bear costs of the suit. It is so ordered
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.