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ELCOtherEnviromental and Land Originating Summons E006 of 2025

Kananu v Rimberia (Enviromental and Land Originating Summons E006 of 2025) [2026] KEELC 6217 (KLR) (5 October 2026) (Ruling)

Environment and Land Court
5 October 2026
398 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Withdrawing a land case in Kenya does not shield you from paying the other side's legal costs once they have already defended the suit.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Meru (B M Eboso, J) deals with the withdrawal of an environmental and land originating summons by the plaintiff, Martha Kananu, against the defendant, Jeremiah Mwathe Rimberia. A formal notice withdrawing the suit in its entirety was on record, and counsel for the plaintiff orally sought to have the suit marked 'withdrawn with no order as to costs'. The defendant did not oppose the withdrawal but insisted on being awarded the costs of the suit, having instructed a law firm which entered appearance and filed responses to the originating summons and to a notice of motion dated 9/9/2025. The court identified the only contested limb of the plea as costs. Applying Section 27 of the Civil Procedure Act and the Supreme Court's decision in Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 4 others [2014] eKLR, that costs follow the event, the court found that the defendant had effectively incurred legal costs which he is obligated to pay, and that it would be unfair to require him to bear costs incurred as a consequence of the suit. The court accordingly marked the suit 'Withdrawn' and awarded the costs of the suit to the defendant/respondent. The ruling is short and turns entirely on the costs question; no other issues were 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  1. 1.Whether the suit should be marked withdrawn following the notice of withdrawal
  2. 2.Whether the plaintiff's plea for withdrawal with no order as to costs should be allowed, or whether the defendant is entitled to costs of the suit

Key legal issues

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01

Entitlement to costs upon withdrawal of a suit

Holding

Where the defendant has entered appearance and filed responses, withdrawal of the suit does not displace the costs-follow-the-event principle; the defendant is awarded costs

Reasoning

The court applied Section 27 of the Civil Procedure Act and the Jasbir Singh Rai decision that costs follow the event. The defendant had instructed a law firm which entered appearance by memorandum dated 8/9/2025 and filed responses to both the originating summons and the notice of motion, thereby incurring legal costs he is obligated to pay. It would be unfair to make him bear those costs, so the plea for no order as to costs was rejected.

Legal principles established

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  • The general principle on costs is that they follow the event, subject to Section 27 of the Civil Procedure Act
  • A defendant who has entered appearance and filed responses before withdrawal of a suit is entitled to the costs incurred

Court orders

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  1. 1.The suit is marked 'Withdrawn'
  2. 2.Costs of the suit are awarded to the defendant/respondent

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Environment and Land Court jurisdiction under the Environment and Land Court Act over an environmental and land originating summons; costs governed by Section 27 of the Civil Procedure Act

Relief refused

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Plaintiff's oral plea that the suit be marked 'withdrawn with no order as to costs'

The defendant had entered appearance and filed responses through instructed counsel, thereby incurring legal costs; it would be unfair to make him bear them

p. 1

Costs

Costs of the suit are awarded to the defendant/respondent.

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.

The general principle on costs is that, they follow the event [See Section 27 of the Civil Procedure Act and the decision of the Supreme Court of Kenya in Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 4 others [2014] eKLR].
p. 1Costs follow the event
In the end, this suit is marked “Withdrawn”. Costs of the suit are awarded to the defendant/respondent.
p. 2Final orders - withdrawal with costs to defendant

Issues in the judgment

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minor

Chronology inconsistency: appearance dated 8/9/2025 described as subsequent to notice of motion dated 9/9/2025

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, "Kananu v Rimberia (Enviromental and Land Originating Summons E006 of 2025) [2026] KEELC 6217 (KLR) (5 October 2026) (Ruling)", Case Analysis (2026). Enviromental and Land Originating Summons E006 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6217/eng@2026-10-05

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