https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4010

Jepkoech alias Milcah Jepkoech v Chelugui & another (Environment and Land Case E038 of 2022) [2026] KEELC 4010 (KLR) (30 June 2026) (Judgment) Neutral citation: [2026] KEELC 4010 (KLR) Republic of Kenya In the Environment and Land Court at Kapsabet Environment and Land Case E038 of 2022 GMA Ongondo, J June 30, 2026 Between Milka Jepkoech alias Milcah Jepkoech Plaintiff and Kibaes Chelugui 1st Defendant Nimrod Kiptum Koech 2nd Defendant Judgment 1.Mediation is one of the forms of alternative dispute resolution guiding the courts and tribunals in exercising judicial authority under Article 159 (2) (c) of the Constitution of Kenya 2010. 2.In that regard and in line with the Civil Procedure (Court-Annexed Mediation) Rules 2022, the instant matter was referred to court annexed mediation pursuant to the mutual agreement of the parties on 15th October 2025. 3.Consequently, a settlement agreement dated 30th January 2026 by the mediator, Mildred Chelimo, was generated. The same duly signed by the parties as well as witnesses and filed in court, reads;‘(1)The land measures two (2) acres.(2)That three (3) points had already been sold therefore the remaining acreage is 1.7 acres (one point seven).3.The Surveyor to visit the parcel of land and subdivide the parcel of land as follows: 1. To measure the three (3) points belonging to the purchasers. 2. Remove the portion for the road. 3. Subdivide the remaining portion in 2 equal parts.’4.The Plaintiff and the 2nd Defendant to take the 2 equal portions.5.The Plaintiff and the 2nd Defendant will therefore get approximately 8 points each being the equal share of the suit parcel of land after removing the purchasers’ share of 3 points and the road reserve6.Each party shall bear the cost of survey fees.’ 4.It is important to note that the plaintiff formerly represented by Bitok and Sambu Advocates and currently through Isaboke Bw’Orina and Company Advocates originated this suit by way of a plaint dated 14th November 2022 and amended on 25th April 2024 seeking the orders infra;a.A declaration that the suit land belongs to the Plaintiff.b.A declaration that the 2nd Defendant is a trespasser on land parcel Nandi/Kamoiywo/1280 (The suit land herein).c.An eviction order do issue against the 2nd Defendant, his servants, agents and/or any person claiming through from the suit land.d.A permanent injunction to issue restraining the Defendants, their servants, agents and/or representatives or persons acting on their behalf from re-entering, occupying, trespassing, cultivating, building structures and/or in any manner dealing with the suit land.e.General damages for trespass and mesne profits.f.The Defendants be condemned to pay costs of this suit.g.Any other relief this court may deem fit. 5.The defendants filed their joint statement of defence and counter claim dated 23rd February 2025 claiming, inter alia, that the 2nd defendant be registered as the proprietor of 1.8 (one decimal eight) acres out of the suit land. 6.So, have the parties resolved the issues inclusive of proprietorship of the suit land contained in the parties’ respective pleadings in terms of the settlement agreement to be entered as judgment accordingly? 7.Mr. Orina learned counsel for the plaintiff urged this Honourable court to adopt the settlement agreement as judgment herein. 8.Mr. Korir learned counsel for the defendants affirmed the proposal by learned counsel for the plaintiff. 9.Plainly, the parties voluntarily entered into the settlement agreement dated 30th January 2026. They fully participated in and duly signed the same. 10.On the sanctity of such agreements or consents, in the case of Geoffrey M. Asanyo & 3 others vs Attorney General {2020} KESC 62 (KLR), the Supreme Court of the Republic of Kenya was emphatic as follows;‘.....Thus, a consent by parties becomes an order of the court only once it has been formally adopted by the court............’ 11.Notably, section 59 B (4) and (5) of the Civil Procedure Act Chapter 21 Laws of Kenya stipulates;‘ (4) An agreement between the parties to a dispute as a result of mediation under this part shall be recorded in writing and registered with the court giving the direction under sub section (1), and shall be enforceable as if it were a judgment of that court.(5)No appeal shall lie against an agreement referred to in sub section (4)’ 12.In the premises, the issues in the instant suit have been resolved through mediation in consonant with Article 159 (2)(c) (supra). Thus, I strongly approve of the decision by the parties to amicably settle this dispute through court annexed mediation and proceed to adopt the settlement agreement dated 3oth January 2026 accordingly. 13.A fortiori, judgment is hereby entered in terms of the settlement agreement dated 30th January 2026 as stated in paragraph 3 hereinabove. 14.It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 30TH DAY OF JUNE 2026.HON. GEORGE M.A. ONGONDOJUDGEIn the presence of;Mr. Orina learned counsel for the plaintiffMr. Korir learned counsel for the defendantWalter, court assistant