Yego & 3 others v County Government of Nandi (Environment and Land Case E011 of 2025) [2026] KEELC 4389 (KLR)
The bottom line
#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 applicants could withdraw their Notice of Motion application dated 26th May 2025 with no orders as to costs
Key legal issues
#Right of a party to withdraw an application
The applicants were entitled to withdraw their application; the court marked it withdrawn with no orders as to costs, consistent with the right of withdrawal and the costs proviso to Section 27(1) of the Civil Procedure Act.
Counsel for the applicants sought withdrawal with no orders as to costs and counsel for the respondent did not object to the withdrawal itself. The court noted the established right of a party to withdraw a matter, cited the Supreme Court decision in Jasbir Singh Rai and the proviso to Section 27(1) of the Civil Procedure Act on costs, and concluded the applicants were entitled to withdraw the application.
Legal principles established
#- A party's right to withdraw a matter or application cannot be taken away.
Court orders
#- 1.The application dated 26th May 2025 is marked as wholly withdrawn with no orders as to costs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
- Original jurisdiction over the pending suit; Civil Procedure Act Chapter 21 Laws of Kenya (proviso to Section 27(1) on 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 established law that a party’s right to withdraw a matter cannot be taken away
Thus, the application dated 26th May 2025 is hereby marked as wholly withdrawn with no orders as to costs.
Issues in the judgment
#The judgment states delivery date as 8th July 2026, which is later than the application date of 26th May 2025 but the year 2026 may be a typographical error; recorded as printed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Yego & 3 others v County Government of Nandi (Environment and Land Case E011 of 2025) [2026] KEELC 4389 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4389/eng@2026-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.