Jepkoech alias Milcah Jepkoech v Chelugui & another (Environment and Land Case E038 of 2022) [2026] KEELC 4010 (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 parties resolved the issues inclusive of proprietorship of the suit land contained in their respective pleadings in terms of the settlement agreement, such that it should be entered as judgment
Key legal issues
#Whether the court-annexed mediation settlement agreement dated 30th January 2026 should be adopted as the judgment of the court
The court found the parties voluntarily entered into and duly signed the settlement agreement, and adopted it as judgment, entering judgment in its terms.
The court noted the matter was referred to mediation under Article 159(2)(c) and the Civil Procedure (Court-Annexed Mediation) Rules 2022. Citing the Supreme Court in Geofrey M. Asanyo, it held a consent becomes a court order once formally adopted, and under section 59B(4) of the Civil Procedure Act such a registered mediation agreement is enforceable as a judgment. Both counsel urged adoption, so the court approved the settlement and entered judgment in its terms.
Legal principles established
#- A consent or settlement agreement between parties becomes an order of the court only once it has been formally adopted by the court.
- A mediation settlement agreement recorded in writing and registered with the court is enforceable as if it were a judgment of that court, and no appeal lies against it.
Court orders
#- 1.The settlement agreement dated 30th January 2026 is adopted as judgment of the court
- 2.Judgment is entered in terms of the settlement agreement dated 30th January 2026, including that the land measures 2 acres, 3 points were sold leaving 1.7 acres, a surveyor to measure the purchasers' 3 points, remove the road portion and subdivide the remaining portion into 2 equal parts, the Plaintiff and 2nd Defendant to take the 2 equal portions (approximately 8 points each), and each party to bear its own survey fees
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 159(2)(c) of the Constitution of Kenya 2010 and sections 59B(4) and (5) of the Civil Procedure Act (Cap 21), read with the Civil Procedure (Court-Annexed Mediation) Rules 2022
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.
Thus, a consent by parties becomes an order of the court only once it has been formally adopted by the court
An agreement between the parties to a dispute as a result of mediation under this part shall be recorded in writing and registered with the court giving the direction under sub section (1), and shall be enforceable as if it were a judgment of that court
judgment is hereby entered in terms of the settlement agreement dated 30th January 2026 as stated in paragraph 3 hereinabove
Issues in the judgment
#Typographical inconsistencies in the judgment's recital of the settlement agreement date and numbering
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jepkoech alias Milcah Jepkoech v Chelugui & another (Environment and Land Case E038 of 2022) [2026] KEELC 4010 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4010/eng@2026-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.