1. This Court has considered the oral Application of learned Counsel Mr. Lubanga holding brief for Mr. Kagunza for the Appellant, seeking to withdraw this Appeal in its entirety with no order as to Costs.
2. This Court has also considered the fact the Respondent’s Advocates on record were served with the Application and the Mention Notice for the mention slotted today the 13th day of July 2026, as deposed in the Affidavit of service dated 10th July 2026.
3. First, I find the Application is unopposed. Second, I find it with merit.
4. The Application is thus granted and this Appeal is thus marked as withdrawn with no order as to costs.
5. Resultantly, this File is marked as closed.
DATED, SIGNED and DELIVERED at ELDORET this 13TH DAY of JUNE, 2026.
C.N. ONDIEKI
JUDGE
IN THE PRESENCE OF:
Court Assistant: Ivonne
Counsel for the Appellant: Mr. Lubanga holding brief for Mr. Kagunza
Counsel for the Respondent: No Appearance
| ELC.L. MISC E023 OF 2026 RULING1 |