https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4420
The court held that the parties' mediation settlement was a voluntary agreement adopted as a judgment, that the parties themselves indicated a one-year period for payment, and that a year had elapsed without full compliance. The court therefore declined to vary the settlement or grant more time and allowed execution...
Source-derived case information.
- Citation
- [2026] KEELC 4420 (KLR)
- Parties
- Appellant: Samuel Karanja Kanoro; 1st Respondent: Anastacia Munyutha Wagate; 2nd Respondent: Faith Kendi; 3rd Respondent: James Kabarita Njogu
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E023 of 2024
- Procedural Posture
- ELC Appeal / Ruling on Respondent's Application to Execute Judgment/settlement Balance
- Outcome
- Application to execute allowed.
- Judges
- ["LN Mbugua"]
- Legal Topics
- Mediated Settlement Agreement, Enforcement of Judgment by Execution, Partial Settlement, Settlement Terms and Timelines, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Karanja Kanoro
Appellant
Anastacia Munyutha Wagate
1st Respondent
Faith Kendi
2nd Respondent
James Kabarita Njogu
3rd Respondent
Procedural Posture
ELC Appeal / Ruling on Respondent's Application to Execute Judgment/settlement Balance
Legal Issues
- 1 Whether the court should allow execution for the outstanding balance under the adopted mediation settlement.
- 2 Whether the court could extend time or vary the parties' own settlement proposal on payment timelines.
Ratio Decidendi
The court held that the parties' mediation settlement was a voluntary agreement adopted as a judgment, that the parties themselves indicated a one-year period for payment, and that a year had elapsed without full compliance. The court therefore declined to vary the settlement or grant more time and allowed execution for the balance.
Court Disposition
Application to execute allowed.
Orders
- Execution on the balance of the settlement sum is allowed.
- No extension of time granted.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT NANYUKI** **ELC APPEAL NO. E023 OF 2024** **SAMUEL KARANJA KANORO……..…………………….APPELLANT** **VERSUS** **ANASTACIA MUNYUTHA WAGATE……….…..1ST RESPONDENT** **FAITH KENDI …………………………….……….2ND RESPONDENT** **JAMES KABARITA NJOGU…………….……….3RD RESPONDENT** **RULING** 1. A mediation agreement on partial settlement dated 23.5.2025 was recorded by the parties and was adopted as a judgment of the court on 28.1.2026. The same related to two suits namely EA23 OF 2024 and EA22 OF 2024and reads as follows; **“ We, the undersigned parties in this matter, have agreed to settle our dispute as follows;** 1. **Faith Kendi, Samuel Karanja and James Kabarita shall compensate Anastasia Munyutha, Ksh 2.3M (Two million and three hundred Kenya shillings), for plot No. 26 Block 7/429.** 2. **The three shall contribute the kshs 2.3M as follows:** 1. **Faith Kendi - Kshs 1.1M** 2. **Samuel Karanja – Ksh 600,000** 3. **James Kabarita – Ksh 600,000** 3. **Upon full payment of kshs 2.3M, Anastasia Munyutha, shall transfer the lease title of Plot No. 26 Block 7/429 to Faith Kendi through Anastasia’s lawyer.** 4. **The said amount (2.3M) shall be deposited to Anastasia Munyutha’s lawyer.”** 5. On 10.6.2026, counsel for the respondent made an application to execute as they have only been paid sh. 180 000 and there is a balance of sh 420 000 in this particular file. On the other hand, counsel for the appellant sought for more time arguing that there were no timelines. This ruling relates to the application made by the respondent to execute the judgment. 6. I have keenly perused the record. Indeed the settlement was partial, of which the parties did not agree on the timelines. But the agreement is in black and white that the Faith Kendi, Samuel Karanja and James Kabarita wanted ONE YEAR. That was not a timeline imposed upon on them, it was their own statement. A year has passed and the judgment debtors still want more time. However, the court cannot vary their proposal since mediation is a voluntary agreement emanating from the parties themselves. In the circumstances, the application to execute on the balance is hereby allowed. **DATED, SIGNED AND DELIVERED AT NANYUKI THIS 8TH DAY OF JULY 2026 THROUGH MICROSOFT TEAMS.** **LUCY N. MBUGUA** **JUDGE** **In the presence of:** **Nancy Mwangi – C/A** **M/s Wangu for appellant** **Muthoni for 1st respondent**