1. By the petition dated 4th September 2025, the petitioners/applicants through Morgan Omusundi Law Firm Advocates, are seeking orders, inter alia;
a) A Declaration that the forceful eviction, threats to life, destruction of property, and other acts of harassment perpetrated by the Respondents are unconstitutional, unlawful, null and void as they contravene Article 26, 27, 28, 29, 40, 47, 48, 60, 61 and 63 of the Constitution of Kenya.
b) A declaration that the petitioners, as members of Chebonet Group comprising approximately 1, 500 residents, are entitled to the protectiomn of their right to life, dignity, security of person and property over the suit land known as LR Nos. 6052, 7840, 1466/3 and 4836, unless lawfully required in accordance with the Constitution and applicable land laws.
c) An order of injunction restraining the Respondents, their agents, servants, officers or any other person acting on their instructions from evicting, harassing, intimidating, threatening, torching structures, destroying property, or in any manner interfering with the Petitioner’s peaceful occupation and use of the suit land, pending the hearing and determination of this Petition.
d) An order of conservatory relief preserving the Petitioner’s quiet possession, occupation, and use of the suit land, and restraining any dealings adverse to the Petitioner’s rights and interests, pending the hearing and determination of this petition.
2. The 1st, 2nd, 3rd, 4th and 6th Respondents through Mercyline Odeyo Senior State Counsel for the Attorney General, filed grounds of opposition dated 11th November 2023 in response to the petition.
3. The petitioners’ Notice of withdrawal dated 4th May 2026 reads;
‘TAKE NOTICE that the petitioners’ petition as against the Respondents and/or intended Respondents be and is hereby withdrawn’.
4. Mr Kosgei learned counsel for the petitioners referred to the Notice of Withdrawal duly served and urged the court to allow the withdrawal of the entire petition with no orders as to costs since it has not been heard.
5. Mr Mwetich learned counsel for the intended interested parties confirmed service of the Notice of Withdrawal. He has no objection to the withdrawal of the petition subject to costs incurred by his clients as costs follow the event.
6. Mr Kwame instructed Ms Odeyo learned counsel for the 1st 2nd 3rd, 4th and 6th Respondents has no opposition to the withdrawal of the petition.
7. It is notable that the petition is for submissions in respect of the application by way of Notice of Motion dated 3rd October 2025.
8. It is established law that parties have a constitutional right to freely and voluntarily agree to withdraw a matter before court; see Geoffrey M. Asanyo & 3 others vs Attorney General [2018} KESC 15 (KLR), Robert Lelli vs Kenya Medical Training College & 2 others (2021) eKLR.
9. Clearly, the parties in this petition have freely and voluntarily agreed to have the entire petition withdrawn.
10. Accordingly, the Notice of Withdrawal has merit and allowed. Thus, this petition is hereby marked as withdrawn in entirety.
11. By dint of public interest element in the petition and being guided by, inter alia, the Supreme Court of Kenya decision in the case of Jasbir Singh Rai & others vs Tarlochan Rai & others (2014) eKLR, parties to bear their own costs of the petition.
12. It is so ordered.
DATED AND DELIVERED at KAPSABET this 21st day of MAY 2026.
G M A ONGONDO
JUDGE
PRESENT;
Mr Kosgey learned counsel for the petitioners/applicants
Mr Mwetich learned counsel for the intended interested parties
Mr Kwame learned counsel for the 1st, 2nd, 3rd, 4th and 6th respondents
Mr Walter Kipkorir, court assistant