Ngegwa & another v Company (Environment and Land Case 418 of 2017) [2026] KEELC 558 (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 applicant is entitled to costs where the suit was compromised by a consent judgment that did not provide for costs
Key legal issues
#Entitlement to costs following a consent judgment silent on costs
The plaintiffs, whose claims were actualized through the consent, are entitled to costs since no conduct or estoppel disqualifies them
The consent judgment compromised the suit but expressly left costs to be agreed later. Failing agreement, the court exercises its discretion under section 27 of the Civil Procedure Act. The plaintiff was the successful party, no deviant conduct was shown, and no estoppel arose. The authorities of Morgan Air Cargo and Orix Oil support awarding costs to a successful party absent disqualifying circumstances.
Legal principles established
#- Where a suit is compromised by consent, there is no successful or losing party and the award of costs is a matter of the court's discretion, guided by section 27 of the Civil Procedure Act
Court orders
#- 1.Costs of the suit awarded to the plaintiff, to be taxed as there is no agreement on costs as contemplated by the order of Hon. Angote J dated 16th December 2021
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent jurisdiction on costs under Section 27 of the Civil Procedure Act; prior order of Hon. Angote J dated 16th December 2021
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.
For that reason, I find, the plaintifis are entitled to costs. It is so ordered.
Where a suit is compromised, it does not mean that there is a successful or losing party. The discretion of the court is therefore called in to determine the issue of costs.
The consent filed herein did not compromise on costs as that item was left out of the compromise and was to be agreed at a later date.
Issues in the judgment
#Case number given in judgment text appears to be the cited authority's number, not the present suit's number
Judgment dated 5th February 2026 in a costs application dated 23rd May 2023
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngegwa & another v Company (Environment and Land Case 418 of 2017) [2026] KEELC 558 (KLR)", Case Analysis (2026). Civil Case No. 179 of 2013 (costs application dated 23rd May 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/558/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.