Jepkemboi & another v Kipkemboi (Environment and Land Case E004 of 2023) [2026] KEELC 4202 (KLR)
The bottom line
#The High Court allowed a law firm to withdraw its own application to stop representing two plaintiffs, with no immediate costs awarded.
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 firm of Cheruiyot Kirui and Company Advocates should be granted leave to cease acting for the 1st and 2nd plaintiffs
- 2.Whether the notice of withdrawal of the application dated 6th July 2026 should be allowed
- 3.What costs order, if any, should issue
Key legal issues
#Whether a party may withdraw a matter or application without causing prejudice
Yes; the withdrawal is permitted where it causes no prejudice to the other parties, and here no prejudice would arise
The court relied on Supreme Court authority establishing that withdrawal of a matter is a party's prerogative provided other parties suffer no prejudice. Finding the notice of withdrawal would cause no prejudice to the other parties, the court allowed the withdrawal and marked the underlying application as withdrawn.
Legal principles established
#- A party is at liberty to withdraw a matter before court and the withdrawal must be allowed provided it causes no prejudice to the other parties
Court orders
#- 1.The notice of withdrawal dated 6th July 2026 is allowed
- 2.The application dated 5th June 2026 is marked as withdrawn
- 3.Costs be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent jurisdiction over party representation; Civil Procedure Act Chapter 21, section 27(1) on costs
Relief refused
#Leave to cease acting for the 1st and 2nd plaintiffs
The advocates filed a notice of withdrawing the application itself, so leave was not granted and the application was marked as withdrawn
Costs
Costs be in the cause
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 notice of withdrawal dated 6th July 2026 is merited and allowed
the application dated 5th June 2026 is hereby marked as withdrawn
costs be in the cause
Issues in the judgment
#The application and the judgment are dated 2026, which appears to be a future/anomalous date
The case number of the underlying suit is not stated anywhere in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jepkemboi & another v Kipkemboi (Environment and Land Case E004 of 2023) [2026] KEELC 4202 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4202/eng@2026-07-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.