1. This matter came up for hearing when Mr. Mburu, learned counsel for the Applicants, applied to withdraw the Notice of Motion dated 26th March 2026, which had been reinstated by the Court.
2. Counsel informed the Court that subsequent to the filing of the said application, the Applicants pleaded guilty in Rongo Traffic Case No. MCTR/E083 of 2026, thereby concluding the proceedings that had given rise to the present application.
3. It was further indicated that the motor vehicle, trailer and cargo which were the subject of these proceedings have since been released.
4. In the circumstances, counsel urged the Court to allow the withdrawal of the application and to discharge the orders issued on 25th March 2026.
5. The Respondent did not attend court despite service and the submissions made on behalf of the Applicants have therefore not been controverted.
6. Consequently, it is hereby ordered:
1) The Applicants are hereby granted leave to withdraw the Notice of Motion dated 26th March 2026, and the same is accordingly marked as withdrawn.
2) The sum of KES. 200,000 deposited in court shall be released to the depositor.
3. The written undertaking to produce the motor vehicle and trailer before the trial court is overtaken by events and is hereby discharged.
3) This matter is marked as closed and the mention slated for 11th May 2026 shall therefore not be necessary
2. Counsel informed the Court that subsequent to the filing of the said application, the Applicants pleaded guilty in Rongo Traffic Case No. MCTR/E083 of 2026, thereby concluding the proceedings that had given rise to the present application.
3. It was further indicated that the motor vehicle, trailer and cargo which were the subject of these proceedings have since been released.
4. In the circumstances, counsel urged the Court to allow the withdrawal of the application and to discharge the orders issued on 25th March 2026.
5. The Respondent did not attend court despite service and the submissions made on behalf of the Applicants have therefore not been controverted.
6. Consequently, it is hereby ordered:
1) The Applicants are hereby granted leave to withdraw the Notice of Motion dated 26th March 2026, and the same is accordingly marked as withdrawn.
2) The sum of KES. 200,000 deposited in court shall be released to the depositor.
3. The written undertaking to produce the motor vehicle and trailer before the trial court is overtaken by events and is hereby discharged.
3) This matter is marked as closed and the mention slated for 11th May 2026 shall therefore not be necessary