African Orthodox Church of Kenya Registered Trustees & 4 others (Suing for and on behalf of The African Orthodox Church of Kenya) v Orthodox Archibishopric of Kenya and Irinoupolis & another (Environment & Land Case 525 of 2015) [2022] KEELC 3351 (KLR)
The bottom line
#Once parties sign a mediation agreement in a Kenyan court case, it becomes a binding judgment — no appeal, and almost no way out.
What this practically means
#Executive summary
#Key legal issues
#Whether the mediation agreement is binding on the parties
The parties, having freely and voluntarily reached and executed a clear and unambiguous agreement, are bound by its terms and cannot renege or resile from them.
The dispute was referred to court-annexed mediation, where the parties reached a written agreement signed by their authorized representatives. The terms are clear and unambiguous, expressing the parties' true intentions. Where parties reduce agreed terms into writing and sign them, they are taken to have agreed to be bound. The court's duty is to enforce such a contract; it cannot vary or rewrite terms save where the agreement was procured by fraud, misrepresentation, coercion, undue influence or offends public policy. Extrinsic evidence is excluded in construing such written agreements.
Whether the court has jurisdiction to decline or refuse to adopt the mediation agreement
Once a mediation agreement is filed, the court's mandate is circumscribed: it is obliged to adopt, ratify and enforce the agreement; no application to set it aside under Order 46 would lie.
There is a clear dichotomy between mediation and arbitration. An arbitral award may be set aside on laid-down grounds, but a mediation agreement, being voluntary, consensual and contractual, is not amenable to the setting-aside process under Order 46 of the Civil Procedure Rules. Under sections 59B(4) and (5) of the Civil Procedure Act, a registered mediation agreement is enforceable as a judgment and no appeal lies against it. Even if the defendants' intimated application had been filed, it would have been premature, misconceived and still-born, as none was in any event filed.
Legal principles established
#- A mediation agreement duly reduced into writing and signed by the parties has binding contractual effect and is enforceable as a judgment of the court once registered.
- No appeal lies against a registered mediation agreement; the court is obliged to adopt, ratify and enforce it unless it is contrary to public policy or vitiated by fraud, misrepresentation, coercion or undue influence.
- The setting-aside process under Order 46 of the Civil Procedure Rules applies to arbitral awards, not to mediation agreements.
- Extrinsic evidence is inadmissible to contradict, vary or add to the terms of a written agreement.
Court orders
#- 1.The mediation agreement arising from the meeting of June 3, 2020 and duly signed by the parties/representatives thereof be and is hereby adopted as the judgment of the court.
- 2.The suit herein be and hereby marked as fully settled and/or compromised in terms of the mediation agreement.
- 3.Each party shall bear own costs.
- Jurisdiction invoked
- Sections 59B(3), (4) & (5) of the Civil Procedure Act, Chapter 21, Laws of Kenya (court-annexed mediation)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "African Orthodox Church of Kenya Registered Trustees & 4 others (Suing for and on behalf of The African Orthodox Church of Kenya) v Orthodox Archibishopric of Kenya and Irinoupolis & another (Environment & Land Case 525 of 2015) [2022] KEELC 3351 (KLR)", Case Analysis (2022). Not stated in judgment (plaint dated June 8, 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3351/eng@2022-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.