Kenya Judgment

Environment and Land Court · Environment and Land Court at Meru

In the Matter or Alleged Contravention of Fundamental Rights and Freedoms under Article 40 and 47 of the Constitution of Kenya, 2010 [2017] KEELC 196 (KLR)

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Source document

01

Holding and result

The court found that the consent dated 14th December 2017, signed by both parties' advocates, was properly executed and thus binding. The court adopted the consent as an order, directing the Government Valuer to visit Plot No. 123 and 112 at Mikinduri Market to ascertain their current market value and file a report within 45 days. The adoption of the consent as an order is in line with the principle that parties are bound by their agreements made in court, provided such agreements are lawful and properly executed.

Court disposition

Consent adopted as order of the court.

Orders

  • The Government Valuer shall visit Plot No. 123 and 112 at Mikinduri Market to ascertain the current market value and file a report to the court within 45 days.

02

Material facts

Parties

Mwanzia

Applicant Counsel: Mwanzia

Miss Nkuubi

Respondent Counsel: Miss Nkuubi

03

Procedural history

  1. Posture

    Constitutional Application / Consent Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant, through counsel, consented to the appointment of the Government Valuer to visit and ascertain the current market value of Plot No. 123 and 112 at Mikinduri Market and to file a report within 45 days.
Respondent
The respondent, through counsel, similarly consented to the valuation exercise and the filing of the report, agreeing to the terms as recorded in the consent.

05

Court’s reasoning

  1. 01

    Kenyan case law and general principles of civil procedure.

    A consent order, once properly signed by parties and their advocates, is binding and enforceable as an order of the court.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the consent dated 14th December 2017, signed by both parties' advocates, was properly executed and thus binding. The court adopted the consent as an order, directing the Government Valuer to visit Plot No. 123 and 112 at Mikinduri Market to ascertain their current market value and file a report within 45 days. The adoption of the consent as an order is in line with the principle that parties are bound by their agreements made in court, provided such agreements are lawful and properly executed.

Court disposition

Consent adopted as order of the court.

  • The Government Valuer shall visit Plot No. 123 and 112 at Mikinduri Market to ascertain the current market value and file a report to the court within 45 days.

Source and reliance status

Environment and Land Court

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Judgment text

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Source document

Environment and Land Court

Judgment

[2017] KEELC 196 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC CASE NO. 13 OF 2017

IN THE MATTER OF CHAPTER FOUR –THE BILL OF RIGHTS

IN THE MATTER OF ARTICLE 19,20,21,22 AND 23 OF THE CONSTITUTION OF KENYA

IN THE MATTER OF ENFORCEMENT OF THE BILL OF RIGHTS

AND

IN THE MATTER OR ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLE 40 AND 47 OF THE CONSTITUTION OF KENYA, 2010

CONSENT ORDER

1. On 14:12:2017, the advocates in this matter proffered the following Consent, which they asked the Court to adopt as an order.

"BY CONSENT

(1) The Government Valuer do visit Plot No. 123 and 112 at Mikinduri Market for purpose of ascertaining the current market value and to file a report to this Court within 45 days.”

2. The Consent is properly signed and is binding upon the counsels.

3. Having recorded the consent dated 14:12:2017 and filed on the same day, it is hereby adopted as an order of this court.

4. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-

C.A: Janet

Mwanzia for Petitioner present

Miss Nkuubi for Respondent present

HON. L. N. MBUGUA

ELC JUDGE

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Constitution of Kenya, 2010 Article 19

Legislation

Legislation referenced in the available case record.

Constitution of Kenya, 2010 Article 20

Legislation

Legislation referenced in the available case record.

Constitution of Kenya, 2010 Article 21

Legislation

Legislation referenced in the available case record.

Constitution of Kenya, 2010 Article 22

Legislation

Legislation referenced in the available case record.

Constitution of Kenya, 2010 Article 23

Legislation

Legislation referenced in the available case record.

Constitution of Kenya, 2010 Article 40

Legislation

Legislation referenced in the available case record.

Constitution of Kenya, 2010 Article 47

Legislation

Legislation referenced in the available case record.

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