(1) This ruling is on costs. The Plaintiff withdrew her suit vide a notice of withdrawal dated 1-12-2025. What remains to be decided is simply whether the defendant should be awarded costs. Counsel for the parties have filed written submissions dated 27-1-2026 and 29-1-2026 respectively.
The issues that arise are the following.
i. Whether costs should follow the event.
ii. Whether the court should consider that the suit has been withdrawn less than 2 months from the date of filing.
(2) Having carefully considered the submissions by learned counsel for the parties, I find as follows.
Firstly, the Respondent did not file any response to the Originating Summons. The only thing filed is the written submissions dated 29-1-2026. Since no response was filed, it would mean that the Respondent is not entitled to instruction fees. The only costs that the Defendant is entitled to are the costs of filing the submissions.
(3) In conclusion and for the above stated reasons, I award the Defendant costs of drawing submissions dated 29-1-2026 only.
It is so ordered.
Dated, Signed and Delivered virtually at Murang’a this 19th day of May, 2026.
M.N. GICHERU JUDGE.
Delivered online in the presence of; -
Mutunga – Court Assistant.
Plaintiff's Counsel – Miss Kabuba holding brief.
Defendant's Counsel – Mr Mwaura.
The issues that arise are the following.
i. Whether costs should follow the event.
ii. Whether the court should consider that the suit has been withdrawn less than 2 months from the date of filing.
(2) Having carefully considered the submissions by learned counsel for the parties, I find as follows.
Firstly, the Respondent did not file any response to the Originating Summons. The only thing filed is the written submissions dated 29-1-2026. Since no response was filed, it would mean that the Respondent is not entitled to instruction fees. The only costs that the Defendant is entitled to are the costs of filing the submissions.
(3) In conclusion and for the above stated reasons, I award the Defendant costs of drawing submissions dated 29-1-2026 only.
It is so ordered.
Dated, Signed and Delivered virtually at Murang’a this 19th day of May, 2026.
M.N. GICHERU JUDGE.
Delivered online in the presence of; -
Mutunga – Court Assistant.
Plaintiff's Counsel – Miss Kabuba holding brief.
Defendant's Counsel – Mr Mwaura.