[2025] KEELC 734 (KLR)
The court found that both parties had confirmed the correctness of the full mediation settlement agreement and consented to its terms. In accordance with the law and mediation rules, the court adopted the agreement as an order of the court, thereby giving it the force of a judgment. The adoption ensures finality of...
Source-derived case information.
- Citation
- [2025] KEELC 734 (KLR)
- Parties
- Applicant: Janet Cheptaek Chemiat; Defendant: Josiah Changwon Kotut
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E012 of 2023
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- Mediation settlement agreement adopted as order of the court.
- Judges
- EM Washe
- Legal Topics
- Mediation Settlement, Adoption of Agreement, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Cheptaek Chemiat
Applicant
Josiah Changwon Kotut
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the mediation settlement agreement should be adopted as an order of the court.
Ratio Decidendi
The court found that both parties had confirmed the correctness of the full mediation settlement agreement and consented to its terms. In accordance with the law and mediation rules, the court adopted the agreement as an order of the court, thereby giving it the force of a judgment. The adoption ensures finality of the dispute in accordance with the parties' wishes and the principles of alternative dispute resolution as encouraged by statute.
Court Disposition
Mediation settlement agreement adopted as order of the court.
Orders
- The full mediation settlement agreement in case No. E012 of 2023 is adopted as an order of this court.
Full Case Text
Judgment text and source record
16 paragraphs
Chemiat v Kotut (Environment & Land Case E012 of 2023) [2025] KEELC 734 (KLR) (18 February 2025) (Judgment)
Neutral citation: [2025] KEELC 734 (KLR)
Republic of Kenya
In the Environment and Land Court at Eldoret
Environment & Land Case E012 of 2023
EM Washe, J
February 18, 2025
Between
Janet Cheptaek Chemiat
Applicant
and
Josiah Changwon Kotut
Defendant
Judgment
1. The court upon receiving the full mediation Settlement Agreement and having read the same to the parties and parties having confirmed that the terms are correct, the Full Mediation Settlement Agreement arising from case No. E012 of 2023 is hereby adopted as an order of this court.
HON. EMMANUEL M. WASHEJUDGE18. 02. 2025In the presence of:-Court Assistant: BrianPlaintiff: Ms. Chepkwony holding brief Nyamweya for PlaintiffDefendant: Mr. Kipnyekwei for Defendant