Nyando Farmers Company Limited v Kabutie Farmers Limtied & 4 others (Environment and Land Petition E001 of 2025) [2025] KEELC 8372 (KLR)
The bottom line
#The Environment and Land Court allowed a landowner to withdraw an application for conservatory orders over Songhor land, confirming parties can freely withdraw cases before hearing.
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 Applicant should be permitted to withdraw the Notice of Motion dated 11th November 2025 seeking conservatory orders
Key legal issues
#Whether a party may withdraw an interlocutory application before it is heard
Yes; the right to withdraw an application is the party's and cannot generally be denied, and withdrawal here served expeditious hearing of the main petition
The court held that withdrawal of a matter is a party's choice that cannot as a general rule be taken away, citing Supreme Court authority. The application was unopposed by the 3rd, 4th and 5th Respondents and had not been responded to. Withdrawal also served the constitutional imperative under Article 159(2)(b) that justice shall not be delayed, by paving way for hearing of the main petition.
Legal principles established
#- A party's choice to withdraw a matter before court cannot, as a general rule, be taken away from that party
- Justice shall not be delayed, per Article 159(2)(b) of the Constitution
Court orders
#- 1.The application dated 11th November 2025 is hereby marked as withdrawn with no orders as to costs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
- Article 159(2)(b) of the Constitution of Kenya 2010
Relief refused
#Conservatory orders against the Respondents in respect of Land parcel LR No. 1462/1 Songhor in Nandi County pending the outcome of the petition
The application was withdrawn by the Applicant before it was heard or responded to, so the relief sought was never granted or determined on the merits
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.
It is trite law that the choice by a party to withdraw a matter before Court, as a general rule, cannot be taken away from that party
Accordingly, the application dated 11th November 2025 is hereby marked as withdrawn with no orders as to costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyando Farmers Company Limited v Kabutie Farmers Limtied & 4 others (Environment and Land Petition E001 of 2025) [2025] KEELC 8372 (KLR)", Case Analysis (2025). Notice of Motion dated 11th November 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8372/eng@2025-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.