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ELCAllowedNot stated in the judgment· [2019] KEELC 878 (KLR)
Njiru Micheni Nthiga v Governor, Tharaka Nithi County Government & 5 others [2019] KEELC 878 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court turned the parties' own agreement on how to run a land case into a binding court order, showing settlements stick once adopted.
What this practically means
#Executive summary
#This is a short consent ruling delivered by P.M. Njoroge, Judge, in open court at Chuka on 13th November 2019. On that date, Mr. Kirimi Muturi, advocate for the plaintiff, and Mr. Karanja Munyori, advocate for the 1st, 2nd, 4th, 5th and 6th defendants, placed on record a consent governing the hearing of the plaintiff's application dated 27th February 2019. The consent provided that the application be heard by way of written submissions; that the 1st, 2nd, 4th to 6th defendants file a response within 14 days; that the plaintiff file a further affidavit, if need be, within 14 days; that the parties thereafter file and exchange submissions within 14 days; and that the matter be mentioned to take a ruling date on the application. The court adopted the consent as an order and directed the parties to come to court for directions on 29th January 2020. The 3rd defendant is not covered by the consent and is not mentioned in the ruling. The document does not resolve the substance of the suit; it is purely a procedural record. No case was cited, no costs order was made, and no relief was granted or refused beyond the directions agreed by the parties. The judgment does not disclose the case title, case number, or the parties' names, which limits identification of the matter.
Key legal issues
#Legal principles established
#Court orders
#- 1.The consent dated 13th November 2019 is adopted as an order of the court
- 2.Plaintiff's application dated 27th February 2019 to be heard by way of written submissions
- 3.The 1st, 2nd, 4th to 6th Defendants to file a response within 14 days
- 4.Plaintiff to file a further affidavit, if need be, within 14 days
- 5.Parties to file and exchange submissions within 14 days
- 6.Matter to be mentioned to take a ruling date on the said application
- 7.Parties to come to court for directions on 29.1.2020
- Jurisdiction invoked
- Inherent procedural jurisdiction to adopt consents as orders of the court (no specific constitutional or statutory provision cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njiru Micheni Nthiga v Governor, Tharaka Nithi County Government & 5 others [2019] KEELC 878 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/878/eng@2019-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.