Jinat Investments Limited v County Government of Migori & another (Environment & Land Case 85 of 2017) [2024] KEELC 5768 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the consent order on costs dated 22nd June 2024 should be adopted as the ruling and final order of the court in settlement of the suit
Key legal issues
#Whether the parties' consent on costs should be adopted as the court's final order
The court adopted the consent dated 22nd June 2024 as its order, fixed party and party costs at Kshs. 4,000,000/= payable within 21 days with execution to issue on default, and marked the suit as settled
Counsel for the plaintiff and for the 1st and 2nd defendants jointly requested adoption of their signed consent on costs. The court, invoking the constitutional imperative of alternative dispute resolution under Article 159(2)(b), (c) and (e) and section 20 of the Environment and Land Court Act, found the consent cogent and merited and adopted it as the final order, marking the matter settled.
Legal principles established
#- A consent on costs signed by counsel for the respective parties, being cogent and merited and guided by Article 159(2)(b), (c) and (e) of the Constitution, may be adopted by the court as its ruling and final order in settlement of the suit
Court orders
#- 1.The consent on costs dated 22nd June 2024 is adopted as the order of the court
- 2.Party and party costs agreed at Kshs. 4,000,000/= payable to the 1st defendant's counsel, Nyamori Nyasimi and Company Advocates within 21 days, failure of which execution to issue
- 3.The matter is marked as settled accordingly
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 159(2)(b), (c) and (e) of the Constitution of Kenya 2010 and section 20 of the Environment and Land Court Act 2015 (2011)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Upon hearing counsel for the respective parties and being guided by Article 159 (2) (b) , (c) and ( e) of the Constitution of Kenya 2010 and section 20 of the Environment and Land Court Act 2015 (2011), I find the consent cogent and merited.
A fortiori, the consent is hereby adopted as the order of this court and this matter is marked as settled accordingly.
It is so ordered.
Issues in the judgment
#The Act is described inconsistently as 'Environment and Land Court Act 2015 (2011)'
Case title, case number and parties' names are not stated in the judgment; only counsel are identified
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jinat Investments Limited v County Government of Migori & another (Environment & Land Case 85 of 2017) [2024] KEELC 5768 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5768/eng@2024-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.