[2025] KEHC 8553 (KLR)
The court found that the parties had amicably resolved their dispute through alternative dispute resolution and filed a consent to withdraw the judicial review proceedings. In accordance with Article 159(2)(c) of the Constitution, which encourages courts to promote alternative dispute resolution, and upon the...
Source-derived case information.
- Citation
- [2025] KEHC 8553 (KLR)
- Parties
- Applicant: Kenya Tea Growers Association; Respondent: Tea Board of Kenya; Respondent: Cabinet Secretary-Ministry of Agriculture, Livestock, Fisheries and Cooperatives; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 139 of 2021
- Procedural Posture
- Judicial Review / Ruling on Withdrawal by Consent
- Outcome
- Judicial review proceedings wholly withdrawn by consent; each party to bear its own costs; file closed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Withdrawal, Consent Orders, Alternative Dispute Resolution, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Tea Growers Association
Applicant
Tea Board of Kenya
Respondent
Cabinet Secretary-Ministry of Agriculture, Livestock, Fisheries and Cooperatives
Respondent
The Attorney General
Respondent
Procedural Posture
Judicial Review / Ruling on Withdrawal by Consent
Legal Issues
- 1 Whether the court should adopt the consent of the parties to withdraw the judicial review proceedings.
- 2 Whether each party should bear its own costs as agreed in the consent.
Ratio Decidendi
The court found that the parties had amicably resolved their dispute through alternative dispute resolution and filed a consent to withdraw the judicial review proceedings. In accordance with Article 159(2)(c) of the Constitution, which encourages courts to promote alternative dispute resolution, and upon the parties' request, the court adopted the consent as an order. The proceedings were marked as wholly withdrawn, and each party was ordered to bear its own costs, effectively closing the file.
Court Disposition
Judicial review proceedings wholly withdrawn by consent; each party to bear its own costs; file closed.
Orders
- The consent dated 13/6/2025 and filed on 16/6/2025 is adopted as an order of the court.
- Judicial review proceedings are marked as wholly withdrawn by consent.
Full Case Text
Judgment text and source record
25 paragraphs
Kenya Tea Growers Association v Tea Board of Kenya & 2 others (Judicial Review Miscellaneous Application 139 of 2021) [2025] KEHC 8553 (KLR) (Judicial Review) (17 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8553 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application 139 of 2021
RE Aburili, J
June 17, 2025
Between
Kenya Tea Growers Association
Applicant
and
Tea Board of Kenya
1st Respondent
Cabinet Secretary-Ministry of Agriculture, Livestock, Fisheries and Cooperatives
2nd Respondent
The Attorney General
3rd Respondent
Ruling
1. This matter was due for delivery of judgment on 23/6/2025, on the application dated 1/10/2021.
2. The parties have however negotiated out of out and settled the dispute and agreed by consent to have the Judicial Review proceedings marked as wholly withdrawn with each party to bear their own costs. They have consequently filed a consent dated 13th June 2025 and requested the court to record the said consent.
3. In the premises, as the parties engaged in Alternative Dispute Resolution Mechanisms which this court is mandated by Article 159(2) (c) of the Constitution to promote, I hereby adopt the consent dated 13/6/2025 and filed in court on 16/6/2025 and order that by consent, the Judicial Review proceedings herein are marked as wholly withdrawn with each party to bear their own costs of these proceedings.
4. The file is effectively closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF JUNE, 2025R.E. ABURILIJUDGE