Matheta (Suing as the legal representative of the Estate of the Late Janet Ciomithea Matheta) v M’Mwenda (Environment and Land Appeal E011 of 2026) [2026] KEELC 5049 (KLR)
The bottom line
#A Meru court ruled that an appellant who withdrew an appeal must pay the respondent's legal costs because costs follow the event.
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 notice withdrawing the appeal wholly should be adopted by the court
- 2.What order as to costs should follow the withdrawal of the appeal
Key legal issues
#Costs consequence of a notice of withdrawal of appeal
The appellant bears the respondent's costs of the withdrawn appeal notwithstanding the rider 'with no order as to costs' in the notice, as that rider was abandoned
The court applied the general principle that costs follow the event under Section 27 of the Civil Procedure Act. It further noted that the respondent had instructed a law firm to act for him in the appeal and interlocutory application, so denying him costs would be unfair. The rider 'with no order as to costs' in the withdrawal notice had been abandoned, and Mr Ngunjiri had earlier sought that course on 23/7/2026.
Legal principles established
#- The general principle is that costs follow the event under Section 27 of the Civil Procedure Act
Court orders
#- 1.The appeal is marked 'withdrawn'
- 2.The appellant shall bear the respondent's costs of the appeal
- 3.The file shall be marked 'case closed'
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Appellate jurisdiction over an appeal filed by memorandum of appeal dated 30/1/2026; specific provision not stated in the judgment
Relief refused
#Withdrawal of the appeal with no order as to costs
Costs follow the event under Section 27 of the Civil Procedure Act and the respondent had instructed a law firm, making it unfair to deny him costs
Costs
The appellant shall bear the respondent's costs of the withdrawn appeal
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 general principle under Section 27 of the Civil Procedure Act is that costs follow the event.
In the end, this appeal is marked “withdrawn”. It is further ordered that the appellant shall bear the respondent’s costs of the appeal. The file shall be marked “case closed”.
Issues in the judgment
#The judgment does not state the names of the parties, the case number, the court below or the specific statutory basis of the appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Matheta (Suing as the legal representative of the Estate of the Late Janet Ciomithea Matheta) v M’Mwenda (Environment and Land Appeal E011 of 2026) [2026] KEELC 5049 (KLR)", Case Analysis (2026). Not stated in the judgment (memorandum of appeal dated 30/1/2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5049/eng@2026-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.