https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4347
Because the applicant and the 1st and 2nd respondents voluntarily signed a consent settling the dispute, and because a consent only attains the status of a court order upon formal adoption, the court adopted the filed consent as an order of the court in terms agreed by those parties.
Source-derived case information.
- Citation
- [2026] KEELC 4347 (KLR)
- Parties
- Applicant: Japhat Kurgat; 1st Respondent: Jeptarus Chepkwony; 2nd Respondent: Achalina Senge Chepkwony; 3rd Respondent: Phillip Carlos Kemboi; 4th Respondent: Alexander Kibitok
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Originating Summons E005 of 2025
- Procedural Posture
- Originating Summons for Adverse Possession / Ruling on Adoption of Consent and Settlement of the Claim Against the 1st and 2nd Respondents
- Outcome
- Consent adopted as an order of the court.
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Adverse Possession, Consent Judgment, Adoption of Consent by Court, Limitation of Actions, Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhat Kurgat
Applicant
Jeptarus Chepkwony
1st Respondent
Achalina Senge Chepkwony
2nd Respondent
Phillip Carlos Kemboi
3rd Respondent
Alexander Kibitok
4th Respondent
Procedural Posture
Originating Summons for Adverse Possession / Ruling on Adoption of Consent and Settlement of the Claim Against the 1st and 2nd Respondents
Legal Issues
- 1 Whether the consent filed by the applicant and the 1st and 2nd respondents should be adopted as an order of the court
- 2 Whether the consent conclusively settled the dispute between those parties
- 3 Whether the applicant was entitled to the claimed one acre by adverse possession as against the consenting respondents
Ratio Decidendi
Because the applicant and the 1st and 2nd respondents voluntarily signed a consent settling the dispute, and because a consent only attains the status of a court order upon formal adoption, the court adopted the filed consent as an order of the court in terms agreed by those parties.
Court Disposition
Consent adopted as an order of the court.
Orders
- The consent dated and filed on 7 July 2025 between the applicant and the 1st and 2nd respondents is adopted accordingly.
- Judgment shall issue for the applicant in terms of prayers (a), (b), (c), (d), (e) and (f) of the originating summons as agreed in the consent.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT OF KENYA** **AT KAPSABET** **ELCLOS NO. E005 OF 2025** **JAPHET KURGAT……............................................................APPLICANT** **=VERSUS=** **JEPTARUS CHEPKWONY .............................................1ST RESPONDENT** **ACHALINA SENGE CHEPKWONY………………………2ND RESPONDENT** **PHILLIP CARLOS KEMBOI…………………………………3RD DEFENDANT** **ALEXANDER KIBITOK……………………….……………4TH RESPONDENT** **RULING** 1. This ruling relates to the applicant’s claim against the 1st and 2nd defendants only in the instant suit. 2. The applicant through Isiaho Sawe and Company Advocates generated the suit by the way of the originating summons dated 9th June 2025 pursuant to, inter alia, section 7 of the Limitation of Actions Act Chapter 22 Laws of Kenya claiming entitlement to one (1) acre comprised in Land parcel number **Nandi/Kipkaren Salient/228** by way of adverse possession. 3. The 1st and 2nd respondents appear in person further to memorandum of appearance dated 1st July 2027 herein. 4. Notably, the consent filed in court on 7th July 2025 reads; *‘By consent of the applicant, the 1st and 2nd respondents herein, the originating summons dated 9th June 2025 be compromised in the following terms;* 1. *That since the 1st and 2nd respondents are not opposed to the applicant’s claim in the estate of the late* ***Kengu Arap Chepkwony (Deceased),*** *judgment he entered for the applicant/plaintiff in terms of prayers (a) (b) (c) (d) (e) and (f ) of the originating summons,* 2. *That the 1st and 2nd respondents undertake to execute the completion/transfer documents in favour of the plaintiff/applicant for the suit portion whenever so directed by this honourable court.* 3. *That there be no orders as to costs as against the 1st and 2nd respondents.’* 4. The said consent binds only the applicant, the 1st and 2nd respondents who are involved therein as held in the case of **Vulcan Gases Ltd vs Okunola (1993) 2 NWLR (PT.274) 139.** So, the sameconstitutes a final settlement between those specific parties. 5. This Honourable court subscribes to the decision in the case of **Geoffrey M. Asanyo & 3 others vs Attorney General {2020} KESC 62 (KLR)** where the Supreme Court of the Republic of Kenya held; *‘.....Thus, a consent by parties becomes an order of the court only once it has been formally adopted by the court............’* 1. It is crystal clear that the specific parties involved voluntarily entered into the consent which they fully participated in and duly signed it. 2. In the premises, the consent duly signed by the applicant, the 1st and 2nd respondents and filed on 7th July 2025 as stated in paragraph 4 hereinabove, is hereby adopted accordingly. 3. It is so ordered. **Dated** and **Delivered** at **Kapsabet** this **14th day of July 2026.** **HON. G M A ONGONDO** **JUDGE** **In the presence of;** 1. Ms. Isiaho Sawe learned counsel for the applicant 2. Mr. G. Anyumba instructed by Ouma learned counsel for the 3rd respondent 3. Mr. Walter Kipkorir, Court Assistant