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ELCOtherELC Case No. E011/2022

Mitei v Kirwa & 3 others (Sued as the legal representatives of the Estate of Rashid Kipkurgat Too – Deceased) (Environment and Land Case E011 of 2022) [2025] KEELC 7092 (KLR)

Environment and Land Court
16 October 2025
GOG M A Ongondo
364 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan land dispute over 1 acre ended through mediation, and the court converted the families' signed agreement into an enforceable judgment.

What this practically means

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Executive summary

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This was a first-instance land matter, ELC Case No. E011/2022, before the Environment and Land Court at Kapsabet. The court's attention was drawn to a consent dated 14th October 2025 recording a mediated settlement between the parties. Under the consent, the Plaintiff was to receive 1.0 acres out of parcel Nandi/Kapkangani/514 in accordance with a mediation settlement agreement, survey sketch map and working-out diagram; the Plaintiff was to access and till that portion without objection from the Defendants and other family members; the Administrator of the Estate of Rashid Kipkurgat Too was to ensure the Plaintiff obtained title to her 1.0 acres from ongoing succession proceedings at the Kadhi's Court; and the parties and family members were to live in peaceful co-existence. Upon compliance with the land-transfer and title provisions, the case was to be marked as settled with no orders as to costs. Mr Moses Langat, counsel for the Plaintiff, asked that the consent be adopted as judgment, and Ms Chelimo, counsel for the Defendants, affirmed the proposition. The court, relying on the Supreme Court's decision in Geoffrey Asanyo and 3 others v Attorney General (2020) KESC 62 (KLR) on the parties' liberty to settle, found the consent valid and consonant with Article 159(2)(c) of the Constitution, applauded the parties for resolving the dispute through mediation, and entered judgment in terms of the consent. The sole issue framed was whether the consent should be adopted as judgment.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the consent be adopted as judgment in this suit

Key legal issues

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01

Whether the consent dated 14th October 2025 should be adopted as judgment of the court

Holding

The court found the consent valid and entered judgment in its terms.

Reasoning

Both counsel confirmed the consent as a settlement of the matter. Relying on the Supreme Court's affirmation of parties' liberty to consent to settlement terms, and noting Article 159(2)(c) of the Constitution which promotes alternative dispute resolution including mediation, the court held the duly signed consent valid and entered judgment in terms of the consent.

p. 2

Legal principles established

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  • Parties are at liberty to consent to terms of settlement of their matter, and a duly signed consent may be adopted as judgment.

Court orders

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  1. 1.Judgment entered in terms of the consent dated 14th October 2025
  2. 2.Plaintiff to receive 1.0 acres out of Nandi/Kapkangani/514 per the mediation settlement agreement and survey sketch map
  3. 3.Plaintiff to access and till the 1.0 acres with no objection from the Defendants and other family members
  4. 4.Administrator of the Estate of Rashid Kipkurgat Too to ensure the Plaintiff gets title to her 1.0 acres from the ongoing succession at the Kadhi's Court
  5. 5.Parties and family members to live in peaceful co-existence
  6. 6.ELC Case No. E011/2022 marked as settled with no orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

GO
majority

Wrote the judgment

Jurisdiction invoked
Article 159(2)(c) of the Constitution of Kenya 2010

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the end, I find the duly signed consent between the parties valid and in consonant with Article 159 (2) (c) of the Constitution of Kenya 2010.
p. 2Validity of consent settlement under Article 159(2)(c)
A fortiori, judgment be and is hereby entered in terms of the consent dated 14th October 2025 as set out in paragraph 1 hereinabove.
p. 2Final orders - adoption of consent as judgment
Upon compliance with paragraph 1 and 3 above, Elc Case No. E011/2022 be and is hereby marked as settled with no orders as to costs.
p. 1Costs and settlement order in the consent

Issues in the judgment

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minor

The consent refers to succession 'at the Khadi's Court', apparently a typographical rendering of 'Kadhi's Court'; the name of the plaintiff in the case title is not stated in the judgment, which refers only to 'The Plaintifi'.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mitei v Kirwa & 3 others (Sued as the legal representatives of the Estate of Rashid Kipkurgat Too – Deceased) (Environment and Land Case E011 of 2022) [2025] KEELC 7092 (KLR)", Case Analysis (2025). ELC Case No. E011/2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7092/eng@2025-10-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.