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ELCOtherNot stated in the judgment

Munene & another v Matiri & another (Environment and Land Case 106 of 2009) [2026] KEELC 516 (KLR)

Environment and Land Court
2 February 2026
BEB M Eboso
151 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan land court let an applicant drop an unopposed request to pause judgment execution, then closed the case file with no one paying costs.

What this practically means

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Executive summary

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This is a short ruling delivered by B M Eboso, ELC Judge, at Meru on 2 February 2026, in an application dated 7 July 2025. Prayers 1 and 2 of that application had already been granted in preceding court sessions and were therefore spent; the only outstanding relief was prayer 3, a plea for an order of stay of execution. Rather than proceed to argue the outstanding limb, the applicant elected to withdraw it orally. There was no objection to the withdrawal from any of the parties - Ms Mutema appeared for the 2nd Defendant, Mr Kaume held brief for Mr Kimathi for the Plaintiffs, and Mr John Muthomi appeared for the 1st Defendant. In the circumstances, the court allowed the oral plea and marked the application dated 7/7/2025 'spent with no order as to costs'. The court further directed that the file be marked 'case closed'. No order of stay of execution was granted, as the prayer was withdrawn by the applicant rather than determined on its merits. The ruling makes no findings of fact or law on the underlying dispute, cites no authorities or statutes, and raises no jurisdictional or evidentiary issues. It is a procedural disposition marking the end of the interlocutory application through unopposed withdrawal.

Questions the Court framed

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

  1. 1.Whether the applicant's oral plea to withdraw the outstanding prayer 3 (stay of execution) should be allowed
  2. 2.What orders to make on the application dated 7/7/2025 and on the file

Key legal issues

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01

Withdrawal of the outstanding prayer (stay of execution)

Holding

The oral withdrawal was allowed as unopposed, rendering the application spent

Reasoning

Prayers 1 and 2 of the application dated 7/7/2025 had already been granted in earlier sessions and were spent. Only prayer 3, a plea for stay of execution, remained outstanding. The applicant orally withdrew that limb; there was no objection from any party. The court therefore allowed the withdrawal, marked the application spent, made no order on costs, and closed the file.

p. 1

Legal principles established

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  • An unopposed oral withdrawal of a prayer in an application may be allowed by the court, which may then mark the application spent with no order as to costs

Court orders

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  1. 1.The oral plea to withdraw the outstanding limb of the application (prayer 3) is allowed
  2. 2.The application dated 7/7/2025 is marked 'spent with no order as to costs'
  3. 3.The file shall be marked 'case closed'

The bench

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

BE
majority

Wrote the judgment

Jurisdiction invoked
Not stated in the judgment (Environment and Land Court, original civil jurisdiction)

Relief refused

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Prayer 3 - order of stay of execution

The applicant chose to withdraw the prayer orally; it was not refused on the merits and there was no objection to the withdrawal

p. 1

Costs

No order as to costs - the application dated 7/7/2025 is marked 'spent with no order as to costs'

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.

In the circumstances, the oral plea is allowed and the application dated 7/7/2025 is marked “spent with no order as to costs”. The file shall be marked “case closed”.
p. 1Final orders - withdrawal allowed, application spent, file closed
Prayers 1 and 2 of the application dated 7/7/2025 were granted in the preceding court sessions and are now spent. What is outstanding is prayer 3 which is a plea for an order of stay of execution.
p. 1Status of the application before the court

Issues in the judgment

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minor

The judgment does not state the case number, party names, or the nature of the underlying suit; it refers only to 'Plaintifis' (apparent typographical error for 'Plaintiffs') and counsels' appearances

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, "Munene & another v Matiri & another (Environment and Land Case 106 of 2009) [2026] KEELC 516 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/516/eng@2026-02-02

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