Kamau & 2 others (Being the Chairman, Secretary and Committee Member of Johari Welfare Association) v County Government of Kiambu & another [2025] KEHC 8468 (KLR)

Kamau & 2 others (Being the Chairman, Secretary and Committee Member of Johari Welfare Association) v County Government of Kiambu & another (Civil Case 22 of 2019) [2025] KEHC 8468 (KLR) (16 June 2025) (Ruling)

Neutral citation: [2025] KEHC 8468 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Case 22 of 2019

DO Chepkwony, J

June 16, 2025

Between

Sebastian Chege Kamau

1st Plaintiff

Jackson Kagimbi Kagina

2nd Plaintiff

Maurice Muhoro

3rd Plaintiff

Being the Chairman, Secretary and Committee Member of Johari Welfare Association

and

County Government of Kiambu

1st Defendant

National Housing Cooperation

2nd Defendant

Ruling

1. In this case the 1st and 2nd Petitioners appeared before court on 5th May, 2025 and indicated that they intend to withdraw the suit. The court then directed the Petitioners to file a Notice of Withdrawal of suit and Affidavit in support on behalf of all the Petitioners to confirm this.

2. On 26th May, 2025, the 2nd Defendant’s counsel confirmed and the court noted the Affidavit sworn by all the Petitioners on 9th May, 2025. Seeking to be granted leave to withdraw the suit which they confirmed filed on behalf of Johari Welfare Association. They urged the court to allow them to withdraw the suit without orders as to costs on the ground that the burden of costs would heavily affect them since most of their members have since passed on and reaching out to the families would be a challenge.

3. However, the counsel for the 2nd Defendant, while not opposed to the Petitioner’s being granted leave to withdraw the Petition, sought to be awarded costs for they had filed a defence alongside witness statements and a list of bundle of documents.

4. I have gone through the record and note that the suit was filed on 26th August, 2019 and indeed the 1st Defendant entered appearance and filed Defence on 7th October, 2019. The 2nd Defendant equally entered appearance, filed a Defence, list of witnesses and list and bundle of documents. The court further notes the participation of the Defendants’ Counsel in the proceedings on diverse dates.

5. For these reasons the court finds the Defendants deserve to be compensated that it will be unfair to withdraw the suit without issuing orders on costs. In the circumstances, the court proceeds to grant the Petitioners leave to withdraw the suit/Petition and the same is hereby marked as withdrawn with costs to the Defendants.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF JUNE , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Petitioners in person – presentCourt Assistant - Martin