[2025] KEHC 1842 (KLR)
The court found that the mediated agreement dated 25th April 2024 was binding and contained a default clause. No exceptional circumstances were demonstrated by the applicant to justify varying the agreement. The applicant had not made any payment to show good faith, and the attempt to unilaterally vary the agreement...
Source-derived case information.
- Citation
- [2025] KEHC 1842 (KLR)
- Parties
- Applicant: Hon Sicily K. Kariuki; Respondent: The Standard Group Limited; Respondent: Orlandu Lyomu; Respondent: Jesse Rogers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E190 of 2020
- Procedural Posture
- Civil Case / Ruling on Application to Vary Mediated Agreement
- Outcome
- application dismissed with costs
- Judges
- LP Kassan
- Legal Topics
- Mediation Agreements, Variation of Consents, Enforcement of Settlement, Contractual Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon Sicily K. Kariuki
Applicant
The Standard Group Limited
Respondent
Orlandu Lyomu
Respondent
Jesse Rogers
Respondent
Procedural Posture
Civil Case / Ruling on Application to Vary Mediated Agreement
Legal Issues
- 1 Whether the court should vary the mediated agreement to allow payment of Kshs 1,500,000 in four instalments.
- 2 Whether there are exceptional circumstances justifying interference with the mediation agreement.
Ratio Decidendi
The court found that the mediated agreement dated 25th April 2024 was binding and contained a default clause. No exceptional circumstances were demonstrated by the applicant to justify varying the agreement. The applicant had not made any payment to show good faith, and the attempt to unilaterally vary the agreement was not supported by law or equity. The court held that it would be unfair to adjust what was mutually agreed by the parties, and thus dismissed the application with costs.
Court Disposition
application dismissed with costs
Orders
- The application to vary the mediated agreement is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
24 paragraphs
Kariuki v Standard Group Limited & 2 others (Civil Case E190 of 2020) [2025] KEHC 1842 (KLR) (Civ) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1842 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Case E190 of 2020
LP Kassan, J
February 17, 2025
Between
Hon Sicily K. Kariuki
Applicant
and
The Standard Group Limited
1st Respondent
Orlandu Lyomu
2nd Respondent
Jesse Rogers
3rd Respondent
Ruling
1. This is a simple application seeking orders that the court vary the mediated agreement requiring payment of Kshs 1,500,000 into 4 instalments. I have looked at the application and oral submissions and wish to rule that the mediation statement is dated 25th April 2024 meaning that it is now around eight months old.
2. I also note that the mediation agreement has a default clause. Courts rarely interfere with contracts or consents unless there are exceptional circumstances.
3. No payment has been made to demonstrate good faith coming from an attempt to unilaterally vary the mediation agreement. By issuing a cheque of Kshs 375,000 the parties willingly entered into the agreement. It would be unfair for this court to adjust what was unilaterally agreed.
4. The onset of the above is that the application is dismissed with costs.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17THDAY OF FEBRUARY 2025HON L KASSANJUDGERead in absence of parties.Court Assistant – Carol