https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4973

**REPUBLIC OF KENYA** **​IN THE ENVIRONMENT AND LAND COURT** **AT KAPSABET** **ELC CASE NO. E019 OF 2023 (OS)** ​**PATRICE KIPLIMO LELEI……..………..…… 1ST APPLICANT / PLAINTIFF** **SUMEI ROBERT KIPTOO ………………… 2ND APPLICANT / PLAINTIFF** **CELESTINE JEMELI CHERUIYOT ……...… 3RD APPLICANT /PLAINTIFF** **VERSUS** **​CHRISTOPHER MONDETI TANUI...… 1ST RESPONDENT / DEFENDANT** **ROBERT KIPKEMBOI NGETICH…..…2ND RESPONDENT / DEFENDANT** (***And As The Administrators The Estate of Kiptanui Arap Lagat-DECEASED)*** **ROBERT KIPKEMBOI NGETICH…………………………3RD DEFENDANT** **JUDGMENT** 1. The plaintiffs through Kipkosgei Choge and company Advocates generated the present suit by the amended originating summons dated 10th June 2024 pursuant to, inter alia, sections17, 30, & 38 of the Limitation of Actions Act, cap 22 Laws of Kenya for the orders infra; 2. That this Court declares that the registered proprietor’s interest, his successors in title, or whomsoever claiming through him that may be and or may have been registered as the Proprietor over a portion comprising 3.10, 1.80 and 2.20 acres respectively occupied, possessed and used by the Applicants out of parcel **Nandi/Songoliet/12 (The suit property herein)**, be extinguished. 3. That the Honourable Court be pleased further to order and direct that the 3.10, 1.80 and 2.20 Acres, respectively (Total Area – 7.10 Acres) out of the suit property be vested on the Applicants. 4. The defendants through Kipkorir, Kipkorir and Company Advocates, opposed the originating summons by the replying affidavit sworn on 1st July 2024 herein. 5. It is noteworthy that the parties agreed to settle the instant dispute by the Partial Mediation Agreement dated 7th July 2025 which reads; “*(a) That* ***Patrice Kiplimo Lelei of ID 329738*** *be compensated with 2.5 Acres of land by* ***Nobert Ngetich of ID 28054354*** *elsewhere. The land should not have rocks or be swampy but should be tillable.* 1. *That Celestine Cheruiyot of ID 6874496 be compensated with 2.00 Acres of land by* ***Nobert Ngetich of ID No. 2805435*** *elsewhere. The land should not have rocks or be swampy but should be tillable.* *(c) That* ***Robert Kiptoo Sumet*** *and* ***Nobert Ngetich*** *have not reached settlement so their case will go back to court.* *(d)That* ***Nobert Ngetich*** *has agreed that* ***Patrice Kiplimo*** *will vacate the land in question after harvest and Celestine’s structure shall be compensated upon valuation.”* 1. Additionally, the consent dated 30th July 2026 by counsel for the respective parties herein states that the amended Originating Summons dated 10th June 2024 be and is hereby compromised in the following terms; ” *(a) That, the partial mediation agreement dated 7th July 2025 be adopted as an order of this Honourable Court.* 1. *That, the 2nd Defendant shall compensate the 2nd Plaintiff in the sum of Ksh.* ***One Million Eight Hundred Shillings Only******(1,800,000/=)*** *for the claim of 1.8 acres out of the* ***parcel Nandi/Songoliet/654,*** *which amount shall be deposited to the 2nd Plaintiffs* ***Equity Bank Account Number 0550191841379, Westlands Branch****, in the names of* ***Robert Kiptoo Sumey.*** *(c ) That upon the payment of the sum in full, the 2nd Plaintiff shall vacate the parcel.* 1. *That this Honourable Court do issue a mention date to confirm compliance.”* 2. In the foregone, the issues for determination pertain to the parties’ ownership rights and interests over the suit property and whether the partial settlement agreement as read with the consent have disposed of this suit. 3. Mr Sang instructed by Mr K. Choge learned counsel for the plaintiffs referred to the consent and implored the court to adopt the same as judgment herein accordingly. 4. Mr Kipkorir learned counsel for the 2nd defendant also urged the court to adopt the consent as judgment herein. 5. In the instant case. I am guided by the settled law that that validly entered consent agreements are binding contracts that draw their authority from the mutual agreement of the parties who freely reached the settlement or consent. That the court has to adopt the same and give effect to it; see **Asanyo & 3 others vs Attorney General {2020} KESC 62 (KLR) and Otogo vs Wamboye & 6 others {2025} KECA 327 (KLR).** 6. A fortiori, judgment be and is hereby entered in terms of the consent as read with the partial settlement agreement as set out in paragraphs 3 and 4 hereinabove accordingly. 7. By dint of the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya and the decision in the case of **Rai & 3 others vs Rai & 4 others {2014} KESC 31 (KLR),** parties to bear their own costs. 8. **It is so ordered.** **Dated** and **Delivered** at **Kapsabet** this **30th day of July 2026**. **HON. G M A ONGONDO** **JUDGE** **In the presence of**; 1. Mr. Sang learned counsel for the plaintiffs 2. Mr. Kipkorir learned counsel for the 2nd defendant 3. No appearance for the 1st and 3rd defendants 4. Walter and Emmaculate, court assistants