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ELCOtherNot stated in the judgment· [2026] KEELC 1723 (KLR)

Billhouse Investments Limited v Tanui & another (Environment and Land Case E028 of 2025) [2026] KEELC 1723 (KLR)

Environment and Land Court
19 March 2026
GOG.M.A. Ongondo
546 words in judgment
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The bottom line

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A Kshs 17.7 million out-of-court settlement over 10 hectares of Nandi land was made binding by the Environment and Land Court, ending all claims.

What this practically means

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Executive summary

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By a Notice of Motion dated 21st November 2025, the interested party, through Chebii and Company Advocates, sought to add Stephen Kipkorir Ngetich as an interested party to the proceedings and an interim injunction restraining the plaintiff from evicting him from Nandi/Kipkaren Settlement Scheme/952 pending determination of the application. When the matter came before the Environment and Land Court at Kapsabet, Mr. Maritim, counsel for the plaintiff/respondent, drew the court's attention to a consent dated 9th December 2025 signed by all counsel, which determined both the application and the entire matter, and urged the court to adopt it as its ruling and order. Ms. Tum, instructed by Dr Chebii for the interested party, affirmed the proposal. The consent provided that the defendant/respondent, Stephen Kipkorir Ngetich, be compensated Kshs. 17,700,000/-, payable partly to his Cooperative Bank account and partly to Chebii & Co. Advocates' client account; that the suit land, measuring 10 hectares and registered in the name of Billhouse Investment Limited (the intended third party), wholly belongs to that company; that neither the plaintiff nor the defendant shall in future lay any claim to the suit property; and that upon full payment the matter be marked fully settled with each party bearing its own costs. Relying on Otieno & another vs Bodo (2025) KECA 73 (KLR), which approved Kenya Commercial Bank Ltd vs Specialized Engineering Co Ltd (1982) KLR 485, the court held that a consent order entered into by counsel is binding on all parties, adopted the consent as its order, and marked the matter settled. G.M.A. Ongondo J delivered the ruling on 19th March 2026.

Key legal issues

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01

Effect of a consent signed by counsel for all parties

Holding

The consent dated 9th December 2025 was adopted as the order of the court, settling the entire matter including the pending application

Reasoning

Counsel for the plaintiff/respondent drew the court's attention to the consent signed by all counsel and urged its adoption; counsel for the interested party affirmed the proposal. The court subscribed to the decision in Otieno & another vs Bodo, which approved Harris J's holding in Kenya Commercial Bank Ltd vs Specialized Engineering Co Ltd that a consent order entered into by counsel is binding on all parties. The court accordingly adopted the consent as its order.

p. 2

Legal principles established

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  • A consent order entered into by counsel is binding on all parties

Court orders

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  1. 1.The Consent dated 9th December 2025 is adopted as the order of the court
  2. 2.The Defendant/Respondent, Stephen Kipkorir Ngetich, to be compensated by payment of Kshs. 17,700,000/- (Kshs. 17,100,000/- to his Cooperative Bank account and Kshs. 600,000/- to Chebii & Co. Advocates client account)
  3. 3.The suit land Nandi/Kipkaren Settlement/952 measuring 10 hectares, currently registered in the name of Billhouse Investment Limited, is agreed to wholly belong to Billhouse Investment Limited
  4. 4.Neither the Plaintiff nor the Defendant shall now or in the future lay any claim upon the suit property upon execution of the consent
  5. 5.Upon full refund of the sums mentioned, the matter to be marked as fully settled and each party to bear their own costs of suit

Authorities

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Cases cited (2)

  • Otieno & another vs Bodo
    {2025} KECA 73 (KLR)
  • Kenya Commercial Bank Ltd vs Specialized Engineering Co, Ltd
    (1982) KLR 485
Jurisdiction invoked
Original civil jurisdiction over the land dispute (the suit land Nandi/Kipkaren Settlement Scheme/952); no specific provision cited

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, "Billhouse Investments Limited v Tanui & another (Environment and Land Case E028 of 2025) [2026] KEELC 1723 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1723/eng@2026-03-19

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