Kenya Case Law

In re Estate of Samwel Kipletyo Arap Koskei (Deceased)

In re Estate of Samwel Kipletyo Arap Koskei (Deceased) [2025] KEHC 10417 (KLR)

Court

High Court

Case number

Probate & Administration E141 of 2023

Judge

JRA Wananda

The court found that although the objector did not personally attend or sign the mediation settlement agreement, she was fully represented in the mediation process by her three adult children, one of whom was appointed co-administrator for her house. The objector did not allege that her children lacked her authority or that she was unaware of the mediation or its outcome. The court held that the objector was bound by the agreement signed by her authorized representatives. The court further determined that the objector failed to specify what terms she sought to vary or the nature of the review…

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• Succession
• Mediation Settlement
• Consent Orders
• Representation Of Beneficiaries

Mwinyikai v Elephant Oils Limited & 5 others

Mwinyikai v Elephant Oils Limited & 5 others [2025] KECA 1301 (KLR)

Court

Court of Appeal

Case number

Civil Application E028 of 2024

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the impugned ruling of the trial court was a negative order, as it merely dismissed the applicant's applications without requiring any party to do or refrain from doing anything. As such, there was nothing to stay, and the Court lacked jurisdiction to grant the orders sought. The Court further noted that the application was brought under the wrong procedural provisions and that the applicant had already been discharged from the proceedings in the trial court. Consequently, the application for stay of execution was devoid of merit and was dismissed with costs to t…

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• Stay Of Execution
• Consent Orders
• Review Of Judgments
• Fraudulent Title
• Locus Standi

Too v Sitienei

Too v Sitienei [2025] KECA 1332 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 222 of 2020

Judges

FA Ochieng, SG Kairu, AO Muchelule

The Court of Appeal refused leave to adduce additional evidence, holding the applicant was trying to fill gaps in his case after the trial ruling.

• Adducing Additional Evidence
• Consent Orders
• Fraud In Land Disputes
• Appellate Discretion
• Adducing-additional-evidence
• Civil-appeals

Gikunda & another v Muguna

Gikunda & another v Muguna [2025] KEHC 10399 (KLR)

Court

High Court

Case number

Civil Appeal E091 of 2023

Judge

HM Nyaga

The court held that a consent filed by parties does not become binding unless and until it is formally adopted as an order of the court. In this case, only Clause 1 of the consent had been adopted and was therefore binding; Clauses 2 and 3, being contested and not adopted, were not binding. On the issue of interest, the court found that interest on the general damages and costs should run from the date of the lower court's judgment and certification of costs, respectively, not from the date of the appellate judgment. The sum deposited in court ceased to accrue interest from the date of deposi…

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• Consent Orders
• Interest On Awards
• Appeal Judgments
• Costs Assessment

Ruiru v Kionge & another

Ruiru v Kionge & another [2025] KEELC 5423 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 76 of 2013

Judge

CK Nzili

The court declined to set aside the consent reviving the suit, but held that summons to enter appearance had to be prepared and served on the substituted defendants.

• Abatement Of Suit
• Substitution Of Parties
• Service Of Summons
• Revival Of Suit
• Consent Orders
• Natural Justice

Bunde & 10 others v Family Health Options Kenya

Bunde & 10 others v Family Health Options Kenya [2025] KEELRC 2082 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E161 of 2023

Judge

HS Wasilwa

The court dismissed an application to stay and set aside ex parte orders, finding the respondent had not proved full settlement under the consent order and execution could proceed.

• Settlement Agreements
• Consent Orders
• Statutory Deductions
• Garnishee Orders
• Execution Of Judgments
• Consent-orders

Mwaduna v Maina

Mwaduna v Maina [2025] KEHC 10150 (KLR)

Court

High Court

Case number

Civil Appeal E019 of 2023

Judge

JN Njagi

The High Court dismissed an appeal over alleged child maintenance arrears, holding that the appellant had not proved full payment on a balance of probabilities.

• Child Maintenance
• Consent Orders
• Burden Of Proof
• Oral Agreements
• Enforcement Of Judgments
• Child-maintenance

Babu v Land Registrar – Kisii & 2 others

Babu v Land Registrar – Kisii & 2 others [2025] KEELC 5207 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 546 of 2015

Judge

M Sila

The court allowed a post-judgment application to have the Deputy Registrar execute documents needed to subdivide and transfer land under an earlier consent order.

• Consent Orders
• Execution Of Judgments
• Land Transfer
• Subdivision Of Land
• Consent-orders
• Execution-of-judgments

Rikura v M’Rikura

Rikura v M’Rikura [2025] KEELC 5121 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E008 of 2022

Judge

BM Eboso

The court enforced a consent order giving the plaintiff ½ acre of land and dispensed with production of the original title deed to allow registration.

• Consent Orders
• Land Subdivision
• Title Registration
• Consent-orders
• Land-registration
• Land-subdivision

Muyundo v Musyimi & another (both Sued as the Administrators of the Estate of Stephen Musyimi Kimolo (deceased))

Muyundo v Musyimi & another (both Sued as the Administrators of the Estate of Stephen Musyimi Kimolo (deceased)) [2025] KEELC 4966 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 407 of 2014

Judge

OA Angote

The court found that the Plaintiff lawfully acquired title to the suit property from NIC Bank. The sale by private treaty was sanctioned by a consent order in HCCC No. 97 of 2009, which was adopted by the court and included the Defendants as parties. This satisfied the requirement for court approval under Section 79 of the Registered Land Act for varying the mode of sale. Although procedural irregularities existed in the transfer instrument, they were not sufficient to vitiate the sale, especially as the bank did not deny the transaction. The Plaintiff was a bona fide purchaser for value, hav…

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• Statutory Power Of Sale
• Mesne Profits
• Bona Fide Purchaser
• Consent Orders
• Title Registration
• Succession And Administration