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ELCOtherConstitution Petition No. 14 of 2017· [2017] KEELC 167 (KLR)

John Ntoiti Mugambi & 2 others v Isiolo County Government & 2 others [2017] KEELC 167 (KLR)

Environment and Land Court
10 October 2017
LML. N. Mbugua
318 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed that a consent signed by both parties' lawyers is binding and becomes a court order once adopted.

What this practically means

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Executive summary

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This is a short procedural ruling delivered by L. N. Mbugua, ELC Judge, in a constitutional petition filed at the Environment and Land Court at Meru (Constitution Petition No. 14 of 2017). The petitioners, officials of the Isiolo Stage View Enterprises C.B.O acting in the interest of its members, sued the Isiolo County Government, the Inspector General of Police and the Attorney General alleging contravention of fundamental rights and freedoms under Articles 26, 27, 28, 29, 40 and 43 of the Constitution, read with the Universal Declaration of Human Rights. The ruling does not determine those claims. On 10 October 2017 the advocates proffered a Consent which they asked the Court to adopt as its order. By the Consent, the application dated 09.10.17 was marked as disposed of in its terms; further, the respondents were given 14 days to file their Response, the petition was to be heard by way of written submissions, the petitioners to file submissions within 7 days of service and the respondents within 7 days thereafter, with mention on 14 November 2017; and the application dated 29.09.17 was abandoned. The judge found the Consent properly signed and binding on counsel, adopted it, and ordered that each party bear its own costs. The substantive petition remains pending for determination on written submissions.

Key legal issues

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01

Validity and adoption of the Consent recorded by the advocates

Holding

The Court found the Consent properly signed and binding, adopted it as its order, and marked the application of 09.10.17 disposed of in its terms.

Reasoning

The advocates proffered a Consent on 10.10.17 which they asked the Court to adopt as its order. The judge examined the document, was satisfied it was properly signed, and held that it bound the counsel on record. The Court then gave further directions for the filing of Responses and written submissions, and recorded the abandonment of the 29.09.17 application. Costs of the consent were not awarded to either side.

p. 2

Legal principles established

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  • A consent properly signed by counsel is binding upon the counsels and may be adopted as an order of the Court.

Court orders

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  1. 1.The Application of 09.10.17 is marked as disposed of in terms of the Consent
  2. 2.Respondents given 14 days to put in their Response
  3. 3.The Petition to be heard by way of Written Submissions
  4. 4.Petitioners to file their submissions within 7 days from date of service
  5. 5.Respondents to file submissions within 7 days from date of service of the Petitioners' submissions
  6. 6.Mention for submissions on 14.11.17
  7. 7.The Application of 29.09.17 abandoned
  8. 8.Parties shall bear their own costs
Jurisdiction invoked
Articles 22, 23 and 165 of the Constitution of Kenya (enforcement of fundamental rights and freedoms under the Constitution of Kenya (Protection of Fundamental Rights and Freedoms) Practice and Procedure Rules, 2013)

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, "John Ntoiti Mugambi & 2 others v Isiolo County Government & 2 others [2017] KEELC 167 (KLR)", Case Analysis (2017). Constitution Petition No. 14 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/167/eng@2017-10-10

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