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Original judgment

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

Kananu v Rimberia (Enviromental and Land Originating Summons E006 of 2025) [2026] KEELC 6217 (KLR) (5 October 2026) (Ruling) Neutral citation: [2026] KEELC 6217 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIROMENTAL AND LAND ORIGINATING SUMMONS E006 OF 2025 BM EBOSO, J OCTOBER 5, 2026 BETWEEN MARTHA KANANU ................................................................................. PLAINTIFF AND JEREMIAH MWATHE RIMBERIA ...................................................... DEFENDANT RULING 1. On record is a formal notice withdrawing this suit in its entirety. In addition, counsel for the plainti/ claimant has made an oral plea to have the suit marked “withdrawn with no order as to costs”. 2. The defendant/respondent does not oppose the withdrawal. He, however, insists on being awarded costs of the suit. He points out that he instructed a law rm and the instructed law rm entered appearance and led a response to the originating summons. 3. The court has considered the plea. The only contested limb of the plea relates to costs of the suit. 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]. 4. In the present suit, it does emerge that upon being served with the originating summons and the subsequent notice of motion dated 9/9/2025, the respondent instructed M/s Ngentu & Co Advocates to enter appearance and contest the claim. The said law rm entered appearance vide a memorandum of appearance dated 8/9/2025. In addition, they led responses to the originating summons and to the notice of motion. Eectively, the respondent has incurred legal costs which, under the law, he is obligated to pay. 5. In the above circumstances, it would be unfair for the court to tell the respondent to bear the costs that he has already incurred as a consequence of this suit. The result is that the respondent/defendant is entitled to costs of the suit. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6217/eng@2026-10-05 1

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6. In the end, this suit is marked “Withdrawn”. Costs of the suit are awarded to the defendant/ respondent. DATED, SIGNED AND DELIVERED AT MERU THIS 5TH DAY OF OCTOBER, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Mr Ngentu for the Respondent. Mrs Mercy Kaume for the Applicant. Court Assistant – Mr. E. Tupet Page 2 | 2 https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6217/eng@2026-10-05 2

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