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ELCDismissedNot stated in the judgment· [2025] KEELC 3967 (KLR)

Muunda v Mwania & another (Environment & Land Case 151 of 2017) [2025] KEELC 3967 (KLR)

Environment and Land Court
22 May 2025
EOE. O. Obaga
1,288 words in judgment
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The bottom line

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Kenya's Environment and Land Court refused judgment debtors' request for mediation or 120 days to fundraise, ruling that a concluded judgment leaves nothing to mediate.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court (E. O. Obaga, J) determined a Notice of Motion dated 22nd April 2025 by Judgment Debtors/Applicants against a Decree Holder/Respondent. The underlying suit sought a declaration of encroachment on land known as Kithuki/Kanthuni/Kimundi/158, a permanent injunction, mesne profits and costs; judgment was delivered on 26th November 2018 with mesne profits assessed at Kshs.150,000 and costs at Kshs.103,535. After failed execution and dismissed objection proceedings, the Respondent adopted a Notice to Show Cause. After repeated failures by the Applicants to attend and to show cause, the court on 12th March 2025 ordered their committal to civil jail for three months. The Applicants then sought referral to mediation or, alternatively, 120 days to organize a fundraiser, citing extreme poverty, the 2nd Applicant's age and frailty, and family ties to the Respondent; they also offered to cede part of their land. The Respondent opposed, describing the application as an attempt to frustrate enjoyment of the 2018 judgment. The court framed two issues: referral to mediation and the 120-day prayer. It held that, judgment having been delivered and an application to set it aside having been dismissed, there was nothing to mediate. It found the Applicants not keen on settling, noting the 1st Applicant's earlier bond and misleading conduct, and observed that no prayer for his release from civil jail was made and none would have succeeded. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether a concluded judgment can be referred to mediation

Holding

No; there is nothing left to mediate once judgment has been rendered and an attempt to set it aside has failed.

Reasoning

The court noted that judgment was delivered on 26th November 2018 granting the Respondent's prayers, and the Applicants' application to set it aside was dismissed. With nothing outstanding between the parties, referral to mediation would serve no purpose. The substratum of the dispute had been decided, leaving only execution.

p. 3
02

Whether the Applicants deserve 120 days to organize a fund raiser to settle the decree

Holding

No; the Applicants' conduct shows they are not keen on settling and have already been indulged without result.

Reasoning

The 1st Applicant was previously arrested, released on a Kshs.500,000 personal bond and failed to appear; he misled the court on 27th February 2025, was granted time, and did not return, leading to his committal. No prayer for his release from civil jail was made, and even if made it would fail on his conduct. Any fundraising or ceding of land could proceed without his presence.

p. 3

Legal principles established

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  • Once judgment has been delivered, there is nothing remaining for the court to refer to mediation for settlement.
  • A judgment debtor in civil jail holds the key to his own release, which he can turn at any time by paying the decretal sum.

Court orders

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  1. 1.The Applicants' Notice of Motion dated 22nd April 2025 is dismissed
  2. 2.Costs of the application to the Respondent
Jurisdiction invoked
Enforcement of a decree of the court under the Civil Procedure Act following a Notice to Show Cause and committal to civil jail

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, "Muunda v Mwania & another (Environment & Land Case 151 of 2017) [2025] KEELC 3967 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3967/eng@2025-05-22

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