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ELCAllowedELCLC Case No. E001 of 2023· [2025] KEELC 7091 (KLR)
Maiyo & another v Sang (Land Case E001 of 2023) [2025] KEELC 7091 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan land dispute ended when the court turned a signed settlement agreement into an enforceable judgment, awarding land and money.
What this practically means
#Executive summary
#The plaintiffs sued by plaint (Fast Track) dated 5th July 2023 seeking, inter alia, sub-division and transfer of a 20-acre portion out of land parcel number Nandi/Ndubeneti/476 (the suit land). The defendant, appearing in person and formerly represented by Koech-Lelei and Company Advocates, denied in his defence dated 5th December 2023 that the plaintiffs were entitled to any part of the suit land. Counsel for the plaintiffs, Mr D Tallam, urged the court to adopt as judgment a memorandum of understanding signed by the parties on 2nd September 2024, under which the parties agreed to settle the dispute amicably: 8.5 acres out of the suit land to go to Henry Kiplagat Maiyo; the defendant (Remy Kipkoech Sang) to pay Kshs 500,000/- to John Kiptum Kirwa; and the suit to be withdrawn with no orders as to costs. The only issue framed was whether the memorandum of understanding should be adopted as judgment. The defendant affirmed the contents of the memorandum. The court, citing Geofirey M Asanyo & 3 others v Attorney General (2020) eKLR, evaluated the legality and clarity of the consent, found it legally and clearly attractive for judgment, and commended the parties for amicable settlement pursuant to Article 159(2)(c) of the Constitution of Kenya 2010. Judgment was entered in terms of the memorandum of understanding, with no orders as to costs, and it was so ordered on 15th October 2025 at Kapsabet.
Key legal issues
#01
Whether the memorandum of understanding dated 2nd September 2024 should be adopted as judgment
Holding
The memorandum was adopted as judgment of the court
Reasoning
The defendant affirmed the contents of the memorandum of understanding. The court evaluated the legality and clarity of the consent as required and found it legally and clearly attractive for judgment. The parties were commended for amicably settling their dispute pursuant to Article 159(2)(c) of the Constitution, which promotes alternative dispute resolution.
p. 2
Legal principles established
#- A court may adopt a signed memorandum of understanding/consent as judgment after evaluating its legality and clarity
Court orders
#- 1.Judgment entered in terms of the memorandum of understanding as set out in paragraph 4 of the judgment
- 2.8.5 acres out of land parcel number Nandi/Ndubeneti/476 allocated to Henry Kiplagat Maiyo per the memorandum
- 3.Remy Kipkoech Sang to pay Kshs 500,000/- to John Kiptum Kirwa per the memorandum
- Jurisdiction invoked
- Article 159(2)(c) of the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maiyo & another v Sang (Land Case E001 of 2023) [2025] KEELC 7091 (KLR)", Case Analysis (2025). ELCLC Case No. E001 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7091/eng@2025-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.