REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT OF KENYA AT KAPSABET ELCLOS NO. E005 OF 2025 JAPHET KURGAT……............................................................APP LICANT =VERSUS= JEPTARUS CHEPKWONY .............................................1ST RESPONDENT ACHALINA SENGE CHEPKWONY………………………2ND RESPONDENT PHILLIP CARLOS KEMBOI…………………………………3RD DEFENDANT ALEXANDER KIBITOK……………………….……………4TH RESPONDENT RULING 1. This ruling relates to the applicant’s claim against the 1 st and 2nd defendants only in the instant suit. KAPSABET ELCLOS NO. E005 OF 2025 RULING 1
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2. The applicant through Isiaho Sawe and Company Advocates generated the suit by the way of the originating summons dated 9th June 2025 pursuant to, inter alia, section 7 of the Limitation of Actions Act Chapter 22 Laws of Kenya claiming entitlement to one (1) acre comprised in Land parcel number Nandi/Kipkaren Salient/228 by way of adverse possession. 3. The 1st and 2nd respondents appear in person further to memorandum of appearance dated 1st July 2027 herein. 4. Notably, the consent filed in court on 7th July 2025 reads; ‘By consent of the applicant, the 1 st and 2nd respondents herein, the originating summons dated 9 th June 2025 be compromised in the following terms; a) That since the 1st and 2nd respondents are not opposed to the applicant’s claim in the estate of the late Kengu Arap Chepkwony (Deceased), judgment he entered for the applicant/plaintiff in terms of prayers (a) (b) (c) (d) (e) and (f ) of the originating summons, b) That the 1st and 2nd respondents undertake to execute the completion/transfer documents in favour KAPSABET ELCLOS NO. E005 OF 2025 RULING 2
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of the plaintiff/applicant for the suit portion whenever so directed by this honourable court. c) That there be no orders as to costs as against the 1 st and 2nd respondents.’ 5. The said consent binds only the applicant, the 1 st and 2nd respondents who are involved therein as held in the case of Vulcan Gases Ltd vs Okunola (1993) 2 NWLR (PT.274) 139. So, the same constitutes a final settlement between those specific parties. 6. This Honourable court subscribes to the decision in the case of Geoffrey M. Asanyo & 3 others vs Attorney General {2020} KESC 62 (KLR) where the Supreme Court of the Republic of Kenya held; ‘.....Thus, a consent by parties becomes an order of the court only once it has been formally adopted by the court............’ 7. It is crystal clear that the specific parties involved voluntarily entered into the consent which they fully participated in and duly signed it. 8. In the premises, the consent duly signed by the applicant, the 1st and 2nd respondents and filed on 7th July 2025 as KAPSABET ELCLOS NO. E005 OF 2025 RULING 3
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stated in paragraph 4 hereinabove, is hereby adopted accordingly. 9. It is so ordered. Dated and Delivered at Kapsabet this 14th day of July 2026. HON. G M A ONGONDO JUDGE In the presence of; 1. Ms. Isiaho Sawe learned counsel for the applicant 2. Mr. G. Anyumba instructed by Ouma learned counsel for the 3rd respondent 3. Mr. Walter Kipkorir, Court Assistant KAPSABET ELCLOS NO. E005 OF 2025 RULING 4
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