REPUBLIC OF KENYA IN THE KAPSABET ENVIRONMENT AND LAND COURT AT KAPSABET ELCLMISC. E012 OF 2026 JOHN KIMELY BIRECH……………………………………… APPLICANT VERSUS ALICE CHEPKETER CHEMIRON…………..………….1ST RESPONDENT NICHOLAS CHEMIRON………………………...……2ND RESPONDENT ISAAC CHEMIRON……………….…..…….…………3RD RESPONDENT RULING 1. The 1st defendant through Aminga, Opiyo Masese and Company Advocates commenced an application by way of a Notice of Motion dated 14th July 2026 seeking the principal order that the plaintiff/respondent’s amended plaint dated 21st May 2026 filed herein without leave of the Honourable court be struck out. KAPSABET ELCLMISC. E012 OF 2026 RULING 1
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2. M/s Otieno leaned counsel for the 1 st defendant sought to have the application withdrawn to pave way for hearing of the plaintiff’s application dated 3rd July 2026. 3. M/s Chebet learned counsel for the plaintiff has no objection to the withdrawal of the application. 4. In that regard, it is common ground that the application be withdrawn. 5. 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; see Robert Mutiso Lelli vs Kenya Medical Training College & 2 others {2021} KESC 21 (KLR). 6. In the circumstances, the 1st defendant has the right to have the application withdrawn as no prejudice will occasion on the other parties. 7. Accordingly, the application dated 14 th July 2026 is hereby marked as withdrawn with no orders as to costs. 8. It is so ordered. KAPSABET ELCLMISC. E012 OF 2026 RULING 2
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Dated and Delivered at Kapsabet this 23rd day of September 2026. HON. G M A ONGONDO JUDGE In the presence of; 1. M/s Chebet instructed by County Attorney, Nandi County learned counsel for the plaintiff 2. M/s Otieno learned counsel for the 1st defendant 3. Walter Kipkorir, Court Assistant KAPSABET ELCLMISC. E012 OF 2026 RULING 3
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