County Government of Nandi & Another v Dorice Ronoh Moron'g & Another
The bottom line
#Kenya's Environment and Land Court confirmed that a party can freely withdraw a court application as long as no one else is prejudiced.
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- 1.Whether the 1st defendant's Notice of Motion dated 14th July 2026 should be allowed to be withdrawn
Key legal issues
#Right to withdraw an application
The 1st defendant had the right to withdraw its application as no prejudice would occasion on the other parties.
Counsel for the 1st defendant sought withdrawal of the application to pave way for hearing of the plaintiff's application dated 3rd July 2026, and counsel for the plaintiff raised no objection. Relying on Robert Mutiso Lelli v Kenya Medical Training College & 2 others, the court held that a party's liberty to withdraw a matter cannot be taken away where no prejudice is caused to the other party, and accordingly marked the application withdrawn.
Legal principles established
#- A party's liberty to withdraw a matter or application cannot be taken away, provided no prejudice is caused to the other party.
Court orders
#- 1.The application dated 14th July 2026 is marked as withdrawn with no orders as to costs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
- Inherent case-management discretion of the Environment and Land Court over a suit pending before it
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 trite law that indeed, a party's liberty to withdraw a matter cannot be taken away and the court has to allow a party who has approached the court to withdraw such a matter, if he deems so fit to do as no prejudice will be caused to the other party
Accordingly, the application dated 14 th July 2026 is hereby marked as withdrawn with no orders as to costs.
Issues in the judgment
#Application dated 14th July 2026 in a case numbered 2024; judgment delivered 23rd September 2026 - dates appear inconsistent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Nandi & Another v Dorice Ronoh Moron'g & Another", Case Analysis (2026). ELCLC E015 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5711/eng@2026-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.