Kenya Case Law

Kikambala Housing Estate Limited v Devani & 8 others & another

Kikambala Housing Estate Limited v Devani & 8 others & another [2025] KEHC 9987 (KLR)

Court

High Court

Case number

Civil Case 2 of 2018

Judge

J Ngaah

The court held that the applicant failed to demonstrate any grounds that would justify setting aside the consent order entered on 12 June 2018, such as fraud, collusion, or mistake. The consent order, being a product of mediation and entered into by the parties, has contractual force and is binding unless vitiating factors are proven. The applicant's dissatisfaction with the audit process and the use of photocopied documents did not amount to sufficient grounds for setting aside the consent. Furthermore, the court found that the proper procedure for seeking production of documents is through…

Source excerpt

• Setting Aside Consent Orders
• Production Of Documents
• Mediation Settlement Agreements
• Bank Account Disputes

Waweru v County Government Of Kiambu; Kiambu County Public Service Board (Interested Party)

Waweru v County Government Of Kiambu; Kiambu County Public Service Board (Interested Party) [2025] KEELRC 1645 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E136 of 2023

Judge

B Ongaya

The court dismissed an application to set aside consent orders, holding the applicant failed to show fraud, mistake, or material non-disclosure.

• Setting Aside Consent Orders
• Material Non Disclosure
• Employment Termination
• Salary Stoppage
• Setting-aside-consent-orders
• Material-non-disclosure

Gichuki alias Susan Gichuki v Kaume alias Kinoti Kitts Kaume & 2 others

Gichuki alias Susan Gichuki v Kaume alias Kinoti Kitts Kaume & 2 others [2025] KEHC 7908 (KLR)

Court

High Court

Case number

Civil Appeal E081 of 2023

Judge

JK Ng'arng'ar

High Court appeal from a ruling refusing to reopen a personal injury case and amend the plaint after a consent on liability. The appeal was dismissed with costs.

• Amendment Of Pleadings
• Setting Aside Consent Orders
• Personal Injury Claims
• Reopening Of Case
• Civil-procedure
• Amendment-of-pleadings

Chelagat v National Land Commission & 2 others

Chelagat v National Land Commission & 2 others [2025] KEELC 3705 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 12 of 2023

Judge

A Ombwayo

The court set aside a 2018 consent order because the 2nd plaintiff was joined later and had not been heard, but declined status quo relief and transferred the case.

• Setting Aside Consent Orders
• Injunctive Relief
• Joinder Of Parties
• Succession And Administration Of Estates
• Setting-aside-consent-orders
• Status-quo-orders

Abdi & another v Obila; Ainushams Hospitality Group Ltd (Interested Party); Kilifi Hotels Limited (Intended Defendant)

Abdi & another v Obila; Ainushams Hospitality Group Ltd (Interested Party); Kilifi Hotels Limited (Intended Defendant) [2025] KEELC 4599 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E003 of 2023

Judge

EK Makori

The court set aside a consent order, joined Kilifi Hotels Limited as 2nd Defendant, and kept interim restraints on dealings with the suit property.

• Joinder Of Parties
• Setting Aside Consent Orders
• Proprietary Rights
• Interim Injunctions
• Joinder-of-parties
• Setting-aside-consent-orders

In re Estate of Nyamai Kilili (Deceased)

In re Estate of Nyamai Kilili (Deceased) [2025] KEHC 1465 (KLR)

Court

High Court

Case number

Succession Cause E374 of 2013

Judge

NIO Adagi

The High Court at Machakos dismissed an application to set aside a mediation settlement in a succession cause, finding no valid ground and no prior leave.

• Mediation Settlement
• Setting Aside Consent Orders
• Succession Disputes
• Jurisdiction Of Court
• Mediation-settlement-agreement
• Setting-aside-consent-orders

Yator v Uasin Gishu County & another

Yator v Uasin Gishu County & another [2024] KEELC 7581 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 349 of 2016

Judge

JM Onyango

The court dismissed a motion to set aside a 2019 consent order and stop dealings with land parcel Eldoret Municipality Block 25/3, finding delay, participation, and res judicata.

• Setting Aside Consent Orders
• Injunctive Relief
• Service Of Court Orders
• Res Judicata
• Survey Disputes
• Discretion Of Court

Ngugi v Kanyaga; Gatu (Interested Party)

Ngugi v Kanyaga; Gatu (Interested Party) [2024] KEELC 6832 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 194 of 2016

Judge

JM Mutungi

The Environment and Land Court at Kerugoya dismissed an application to set aside a consent order, holding that no fraud, mistake, collusion, or lack of authority was shown.

• Setting Aside Consent Orders
• Ostensible Authority Of Advocates
• Joinder Of Parties
• Sale Of Land Disputes
• Setting-aside-consent-orders
• Ostensible-authority-of-advocates

Ogando v Kenya Ports Authority Pension Scheme (Defined Benefits) & another

Ogando v Kenya Ports Authority Pension Scheme (Defined Benefits) & another [2024] KEELC 7041 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 73 of 2021

Judge

LL Naikuni

The court found that the consent order dated 20th May 2024 was not properly adopted as the Plaintiff was not present in court for its confirmation, contrary to the requirements of fair hearing and natural justice. The court held that for a consent to be adopted as an order, all parties must be present and confirm their agreement before the court. As such, the consent was set aside. On the contempt application, the court held that although the injunctive order of 7th May 2024 was clear and binding, the 1st Defendant acted under the impression that the consent had set aside the order, and there…

Source excerpt

• Setting Aside Consent Orders
• Contempt Of Court
• Injunctive Relief
• Land Inhibition Orders

Shariff & 3 others v Director of Public Prosecutions & 4 others

Shariff & 3 others v Director of Public Prosecutions & 4 others [2024] KEHC 12086 (KLR)

Court

High Court

Case number

Petition E185 of 2021

Judge

LN Mugambi

High Court dismissed an application to set aside a consent order, holding the petitioners had not proved duress, fraud, or lack of authority.

• Setting Aside Consent Orders
• Duress And Coercion
• Authority Of Advocates
• Land Title Disputes
• Setting-aside-consent-orders
• Duress-and-coercion