The High Court has allowed the withdrawal of a case in which Muthithi Investments Limited sued former Nairobi Governor Mike Mbuvi Sonko over defamation.
Justice Lucy Mbugua in his ruling said that she had marked the case as withdrawn and awarded the costs to Sonko.
Sonko had previously opposed Muthithi Investments dropping the lawsuit with no orders for costs through his lawyer Harrison Kinyanjui.
According to the court documents, Sonko, through his lawyer, argued in response to the Petitioner’s Notice of withdrawal of suit dated October 19, 2023, that withdrawing a petition is not an automatic procedure, and that the Petitioner should file a proper Notice of Motion to obtain leave to discontinue proceedings.
Thus, a mere notice of withdrawal without leave of the court does not suffice.
Kinyanjui averred that his client (Sonko) had been put through expenses and was entitled to costs on a full scale.
It was submitted that the Petition was filed because Sonko was interfering with the suit property, LR 23917 Nairobi when he was Nairobi governor, but he has since ceased interfering as he is no longer the governor.
The court also heard the issue of ownership of the suit parcel was determined in ELC 457 of 2013.
The judge further said in her ruling that she had considered both parties and the explanation given by Muthithi as to why he desired to withdraw the suit; that the respondent is no longer interfering with the suit property.
