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ELCOtherELC Case No. 13 of 2017· [2017] KEELC 196 (KLR)
In the Matter or Alleged Contravention of Fundamental Rights and Freedoms under Article 40 and 47 of the Constitution of Kenya, 2010 [2017] KEELC 196 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court confirmed that a signed agreement between lawyers on a land dispute is binding and became a binding court order.
What this practically means
#Executive summary
#This is a short consent recording in a constitutional petition pending before the Environment and Land Court at Meru, in which the Petitioner alleges contravention of Articles 40 and 47 of the Constitution concerning Plots Nos. 123 and 112 at Mikinduri Market. On 14 December 2017, counsel for both parties proffered a consent directing the Government Valuer to visit the two plots to ascertain their current market value and to file a report to the court within 45 days. The court, per L. N. Mbugua, ELC Judge, found the consent properly signed and binding on counsel, recorded it, and adopted it as an order of the court. The judgment does not determine the merits of the petition, does not dispose of the substantive claim, and makes no costs order. The appearance of counsel for both parties is recorded. The file remains subject to the valuer's report and further directions.
Key legal issues
#01
Adoption of a consent order
Holding
A consent properly signed by counsel is binding and may be adopted as an order of the court.
Reasoning
The advocates for the parties jointly proffered a consent directing the Government Valuer to visit the suit plots and file a valuation report within 45 days. The court found the consent properly signed, held it binding on counsel, and adopted it as an order of the court.
p. 2
Legal principles established
#Court orders
#- 1.Adoption of the consent dated 14:12:2017 as an order of the court
- 2.The Government Valuer to visit Plot No. 123 and 112 at Mikinduri Market to ascertain the current market value and file a report to the Court within 45 days
- Jurisdiction invoked
- Articles 19, 20, 21, 22 and 23 of the Constitution of Kenya, 2010 (enforcement of the Bill of Rights); Article 40 and 47
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In the Matter or Alleged Contravention of Fundamental Rights and Freedoms under Article 40 and 47 of the Constitution of Kenya, 2010 [2017] KEELC 196 (KLR)", Case Analysis (2017). ELC Case No. 13 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/196/eng@2017-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.