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ELCOtherNot stated in the judgment

Okungi v Odingo (Environment and Land Case E023 of 2023) [2026] KEELC 4480 (KLR)

Environment and Land Court
13 July 2026
251 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan landowner withdrew a court application for a survey of their parcel, and the court confirmed anyone can withdraw a case at any time.

What this practically means

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Executive summary

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Before the Environment and Land Court at Kapsabet (Ongondo J) was an application dated 18th January 2026 by the applicant/plaintiff, acting through AK and Company Advocates LLP, principally seeking an order directing the County Surveyor Nandi to survey land reference number Nandi/Serem/271 for purposes of establishing current occupation and acreage, among other reliefs. The respondent/defendant, through Ochieng Ndolo and Company Advocates, opposed the application in a replying affidavit sworn on 6th February 2026, describing it as misconceived, ill-advised and an abuse of the court process. Before the application could be heard on its merits, the applicant's counsel filed a Notice of withdrawal dated 15th June 2026 in respect of the application. When the matter came up, counsel for the respondent referred to the application and the notice of withdrawal and raised no objection to the withdrawal. The court, relying on the principle that a party's right to withdraw a matter cannot be taken away, as stated in Robert M. Lelli v Kenya Medical Training College & 2 others (2021) KESC 21 (KLR), held that the notice of withdrawal was merited. The court marked the application dated 18th January 2026 as wholly and unreservedly withdrawn and made no orders as to costs. The substantive dispute over the suit land was not determined.

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 Notice of withdrawal dated 15th June 2026 of the application dated 18th January 2026 should be allowed

Key legal issues

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01

Right of a party to withdraw an application or suit

Holding

The applicant has an unqualified right to withdraw the application; the notice of withdrawal was merited

Reasoning

The court applied the trite principle that a party's right to withdraw a matter cannot be taken away, citing a Supreme Court decision. The respondent raised no objection to the withdrawal. The court therefore permitted the withdrawal without conditions and made no order as to costs.

p. 1

Legal principles established

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  • A party's right to withdraw a matter before the court cannot be taken away

Court orders

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  1. 1.The application dated 18th January 2026 is marked as wholly and unreservedly withdrawn with no orders as to costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land in Nandi (suit land Nandi/Serem/271); no specific constitutional or statutory provision cited

Relief refused

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Order directing the County Surveyor Nandi to survey land reference number Nandi/Serem/271 and other reliefs sought in the application

The applicant withdrew the application before determination; the court did not rule on the merits

p. 1

Costs

No orders 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.

It is trite law that a party’s right to withdraw a matter cannot be taken away
p. 1Right of withdrawal
In the result, the application dated 18th January 2026 is hereby marked as wholly and unreservedly withdrawn with no orders as to costs.
p. 1Final orders - withdrawal with no order as to costs

Issues in the judgment

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minor

The judgment does not state the case number, parties' names or the suit title; parties are referred to only as applicant/plaintiff and respondent/defendant

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, "Okungi v Odingo (Environment and Land Case E023 of 2023) [2026] KEELC 4480 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4480/eng@2026-07-13

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