I have considered submissions by both sides. The law is that costs follow the event. The event is that the Plaintiff withdrew his case on 30th September 2024.
The Plaintiff has not filed any affidavit as was ordered. Instead, he filed what looks like submissions. The submissions do not give any valid reason why the Plaintiff should not pay costs. I do not consider fear for his security to be a valid reason not to pay costs. There are lawful ways of addressing security concerns.
In the circumstances, the Defendant shall have costs of the withdrawn case.
Dated at Kakamega this 2nd day of December 2024.