[2024] KEELC 357 (KLR)
The court found that the interested parties had no formal statement of claim at the time the matter was referred to mediation and had not signed the mediation agreement. Therefore, they lacked standing to object to or impose conditions on the adoption of the mediation agreement. The court declined the application by...
Source-derived case information.
- Citation
- [2024] KEELC 357 (KLR)
- Parties
- Plaintiff: Thindigua Company Limited; Defendant: Francis P Gitau Njunge; Defendant: Joseph Kimani; Defendant: Ndagwatha Kiarie; Interested Party: Stephen Karanja Kung’U; Interested Party: Bernard Kinyajui Peter
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2163 of 2001
- Procedural Posture
- Environment and Land Case / Ruling on Adoption of Mediation Agreement
- Outcome
- Mediation agreement adopted as an order of the court; application by interested parties declined.
- Judges
- LN Mbugua
- Legal Topics
- Mediation Agreement, Adoption of Settlement, Interested Party Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thindigua Company Limited
Plaintiff
Francis P Gitau Njunge
Defendant
Joseph Kimani
Defendant
Ndagwatha Kiarie
Defendant
Stephen Karanja Kung’U
Interested Party
Bernard Kinyajui Peter
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Adoption of Mediation Agreement
Legal Issues
- 1 Whether the mediation agreement should be adopted as an order of the court despite opposition from the interested parties.
- 2 Whether the interested parties had a basis to object to the adoption of the mediation agreement.
Ratio Decidendi
The court found that the interested parties had no formal statement of claim at the time the matter was referred to mediation and had not signed the mediation agreement. Therefore, they lacked standing to object to or impose conditions on the adoption of the mediation agreement. The court declined the application by the interested parties' counsel and proceeded to adopt the mediation agreement as an order of the court, emphasizing that only parties to the agreement or their representatives who have executed the agreement may influence its adoption.
Court Disposition
Mediation agreement adopted as an order of the court; application by interested parties declined.
Orders
- The application by Mr. Njugi for the interested parties is declined.
- The mediation agreement dated 12.10.2022 is adopted as an order of the court.
Full Case Text
Judgment text and source record
31 paragraphs
Thindigua Company Limited v Njunge & 2 others; Kung’u & another (Interested Parties) (Environment & Land Case 2163 of 2001) [2024] KEELC 357 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEELC 357 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 2163 of 2001
LN Mbugua, J
January 25, 2024
Between
Thindigua Company Limited
Plaintiff
and
Francis P Gitau Njunge
1st Defendant
Joseph Kimani
2nd Defendant
Ndagwatha Kiarie
3rd Defendant
and
Stephen Karanja Kung’U
Interested Party
Bernard Kinyajui Peter
Interested Party
Ruling
1. This matter was referred for mediation on 23. 2.2022 and a mediation agreement was subsequently made on 12. 10. 2023. The same is yet to be adopted as an order of the court.
2. On 16. 1.2024, both the plaintiffs and defendants requested the court to adopt the said mediation agreement as an order of the court. However, counsel for the interested parties opposed this move averring that they were never served with the same. They desire that a copy of the mediation report be availed to them.
3. I have taken into consideration the various applications lodged by the Interested Parties geared towards halting the adoption of the mediation agreement culminating into various rulings i.e. the ones delivered on 9. 2.2023, 27. 4.2023 and 28. 9.2023.
4. In particular, in the ruling dated 9. 2.2023 at paragraph 10, the court noted that the Interested Party had no formal statement of claim by the time the matter was referred for mediation. It follows that the Interested Parties have no basis to put conditions in the adoption of the mediation agreement.
5. It is further noted that the mediation agreement was not even signed by the Interested Parties or their representatives.
6. In that regard, the application made by Mr. Njugi for the Interested Parties is hereby declined.
7. The mediation agreement dated 12. 10. 2022 is hereby adopted as an order of the court.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF JANUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Gatitu for PlaintiffThuo holding brief for Mrs. Kamuyu for 3rd DefendantNjugi for Interested PartiesCourt Assistant: Eddel