Kenya Case Law

Omino & 3 others (Suing as Personal Representatives of Henry Micah Omino - Deceased) v Tich Housing Co-operative Society Ltd

Omino & 3 others (Suing as Personal Representatives of Henry Micah Omino - Deceased) v Tich Housing Co-operative Society Ltd [2025] KEELC 5211 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 43 of 2020

Judge

SO Okong'o

The court dismissed an application to set aside a consent judgment over land transfer, finding no fraud, collusion, misrepresentation, or other valid ground.

• Setting Aside Consent Judgment
• Land Sale Agreements
• Fraudulent Transfer
• Subdivision Of Land
• Trespass
• Remedies In Land Disputes

Ngoge v Otieno; Ngoge (Interested Party)

Ngoge v Otieno; Ngoge (Interested Party) [2025] KEELC 5322 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E005 of 2023

Judge

FO Nyagaka

The court set aside a consent judgment in a land dispute and joined the applicant as co-plaintiff, finding the consent irregular and tainted by collusion.

• Joinder Of Parties
• Setting Aside Consent Judgment
• Trusts In Land
• Beneficiaries Rights
• Fraud And Collusion
• Estate Administration

Denman Properties Limited v County Land Registrar Kilifi & 9 others

Denman Properties Limited v County Land Registrar Kilifi & 9 others [2025] KEHC 9726 (KLR)

Court

High Court

Case number

Environment & Land Case 150 of 2014

Judge

EK Makori

The High Court at Malindi dismissed an application to defer a ruling on setting aside a consent judgment, finding the request for cross-examination unnecessary and dilatory.

• Setting Aside Consent Judgment
• Service Of Summons
• Representation Of Parties
• Cross Examination
• Costs Award
• Setting-aside-consent-judgment

Cross Country Ventures Limited v Nairobi City County

Cross Country Ventures Limited v Nairobi City County [2025] KEELC 4099 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 86 of 2018

Judge

CA Ochieng

The Environment and Land Court declined to set aside a consent decree, finding no proof of fraud, collusion, mistake, or lack of authority by counsel.

• Setting Aside Consent Judgment
• Authority Of Advocate
• Fraud In Consents
• Ownership Of Land
• Review Of Decree
• Setting-aside-consent-judgment

Waweru v Seke & 3 others; Mundia & others (Interested Party)

Waweru v Seke & 3 others; Mundia & others (Interested Party) [2025] KEELC 3452 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 91 of 2011

Judge

AY Koross

The court found that the preliminary objection did not meet the legal threshold as it raised contested matters of fact requiring evidence, not pure points of law. On the substantive motion, the court held that the consent judgment entered on 27/4/2022 was irregular, unlawful, and a nullity because it was entered without the knowledge, concurrence, or participation of the 3rd and 4th defendants or their counsel. The right to a fair hearing is fundamental, and adverse orders cannot be made against parties who were not heard or represented. The court relied on binding precedent that a consent ju…

Source excerpt

• Setting Aside Consent Judgment
• Right To Fair Hearing
• Procedural Irregularity
• Joinder And Participation

Gichaga v Kabangi & 2 others

Gichaga v Kabangi & 2 others [2025] KEELC 3026 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E001 of 2023

Judge

AE Dena

The court set aside a consent judgment and related orders after finding doubts about service on the 2nd defendant and noting that the draft defence raised triable issues.

• Setting Aside Consent Judgment
• Service Of Process
• Natural Justice
• Triable Issues
• Setting-aside-consent-judgment
• Service-of-process

Kimeu v Kyunguti & 4 others; Matata & another (Interested Parties)

Kimeu v Kyunguti & 4 others; Matata & another (Interested Parties) [2025] KEELC 1170 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 18 of 2019

Judge

EO Obaga

The Environment and Land Court set aside a 2022 consent judgment after finding collusion and contrary-to-policy dealings affecting non-party land title holders.

• Setting Aside Consent Judgment
• Joinder Of Parties
• Collusion In Land Disputes
• Service Of Process
• Setting-aside-consent-judgment
• Land-dispute

Atogo v Wamboye & 6 others

Atogo v Wamboye & 6 others [2025] KECA 327 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 53 of 2019

Judges

HM Okwengu, JM Mativo, JM Ngugi

The Court of Appeal dismissed an appeal seeking to set aside a consent judgment, finding no proof of fraud, mistake, or misrepresentation.

• Setting Aside Consent Judgment
• Ostensible Authority Of Advocate
• Procedural Irregularities
• Injunctions
• Trespass
• Abuse Of Court Process

Kebiro v Nyakundi; Ndubi (Interested Party)

Kebiro v Nyakundi; Ndubi (Interested Party) [2025] KEELC 510 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 545 of 2013

Judge

EO Obaga

The consent judgment and decree were set aside because they were obtained through collusion between the substituted Plaintiff (daughter of the Defendant) and the Defendant's advocate, without serving the outgoing advocate, without full disclosure of underlying issues (succession dispute, criminal case), and effectively disposing of the deceased's property in a manner outside the scope of the original suit and the court's jurisdiction.

Source excerpt

• Setting Aside Consent Judgment
• Joinder Of Parties
• Change Of Advocate Post Judgment
• Succession And Estate Disputes

Otieno & another v Bodo

Otieno & another v Bodo [2025] KECA 73 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 195 of 2019

Judges

HM Okwengu, HA Omondi, JM Ngugi

A consent judgment, being a contract of record, can only be set aside on specific grounds such as fraud or collusion supported by sufficient evidence. Additionally, actions taken by an advocate with a valid admission but lacking a practicing certificate at the time are not automatically null, and a party who appointed such an advocate cannot prejudice the other party by seeking to undo those actions based on the advocate's lack of a practicing certificate.

Source excerpt

• Setting Aside Consent Judgment
• Authority Of Advocate
• Fraud And Collusion
• Land Disputes
• Practising Certificate Requirements