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ELCPartially AllowedNot stated in the judgment text (ELC Kitale suit)· [2025] KEELC 7352 (KLR)

Mecca & another (Suing on behalf of the Estate of Elizabeth Nasimiyu Nyongesa) v County Government of Trans Nzoia (Environment and Land Case E021 of 2023) [2025] KEELC 7352 (KLR)

Environment and Land Court
29 October 2025
3,389 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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A Kenyan court postponed a judgment for just 30 days, warning that settlement talks must be genuine, documented, and not used to delay justice.

What this practically means

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Executive summary

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This Environment and Land Court ruling at Kitale by C.K. Nzili, J, determines a notice of motion dated 2/10/2025 by the defendant, a county government, seeking to arrest or stay the delivery of judgment scheduled for 5/11/2025 in a suit concerning demolished structures and mesne profits over an unexpired leasehold term of approximately 57 years, and seeking leave to negotiate an out-of-court settlement with the plaintiffs. The defendant, through its County Secretary, claimed the governor had personally initiated negotiations, that an adjournment refusal on 29/9/2025 had inadvertently denied it a fair hearing, and invoked Articles 159(2)(c), 189 and 50 of the Constitution and Section 3A of the Civil Procedure Act. The plaintiffs opposed, denying any contact or settlement proposal, and argued the application was an abuse of process, citing the functus officio principle and the finality of litigation. The court reviewed Asanyo v Attorney General, which permits parties to settle or withdraw even before judgment, but warned against using ADR to coerce or delay. The court found the defendant's affidavit unsubstantiated - no written correspondence, timelines or particulars of the alleged negotiations were provided - and the plaintiffs denied on oath any contact. It also held that a party that squandered its chance to be heard cannot invoke Article 50 without a satisfactory explanation. While accepting that a court may exceptionally postpone a reserved judgment, the court granted only a limited indulgence: judgment was postponed for 30 days for possible consent, failing which it would be delivered on 26th November 2025 at 8:30 a.m.

Key legal issues

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01

Whether delivery of a reserved judgment may be arrested or postponed to allow settlement negotiations

Holding

Yes, in exceptional circumstances, but only on material demonstrating bona fide reasons; the discretion is judicial and not open-ended

Reasoning

The court drew on Asanyo v Attorney General, where the Supreme Court held that parties may withdraw a matter or record a consent before judgment is delivered, and that a court should not close the door to negotiation. However, the court must guard against parties using settlement talk as a delaying tactic or coercion. The applicant had to show genuine, substantiated negotiations.

p. 5
02

Whether the applicant demonstrated good faith and bona fide negotiations

Holding

No; the affidavit assertions of ongoing negotiations were unsubstantiated and contradicted by the respondents on oath

Reasoning

The county secretary swore that parties were engaged in negotiations but did not disclose who, when, at what stage, or the prospects. The plaintiffs, who are the legal representatives of the estate, denied on record and in court that anyone had reached out to them, and their counsel denied receiving any proposal. No written correspondence evidencing the intention to negotiate was annexed.

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Whether the defendant's Article 50 fair-hearing right was violated by closure of its defence case

Holding

No; a party that squandered the opportunity to be heard cannot invoke fair hearing without a satisfactory explanation for non-attendance

Reasoning

The defence case was marked closed on 29/9/2025 after the defendant failed to attend, despite its former lawyers trying to reach its witness. No review application or appeal was filed. The same witness now swearing in support of the application did not explain her non-attendance. Article 50 safeguards access to justice for both parties, not a party that showed scant respect for timelines.

p. 4
04

Whether justice delayed contravenes Article 159(2)(b)

Holding

Postponement must be constrained; the court limited it to 30 days so that justice is not delayed

Reasoning

Relying on Bia Tosha Distributors v Kenya Breweries, the court noted that Article 159(2)(b) requires that justice not be delayed. The applicant sought leave to settle without addressing timelines or the implications of the judgment remaining in limbo. The court therefore fixed a firm delivery date as a backstop.

p. 6

Legal principles established

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  • A court in exceptional circumstances may postpone its judgment delivery date, but the discretion must be exercised judicially and on sound principles, and the applicant must bring enough material to justify postponement
  • Article 159(2)(c) ADR cannot be used to abuse court process or coerce parties into settlement without free will

Court orders

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  1. 1.Judgment postponed for a period of 30 days for the parties to come up with a possible consent, if any
  2. 2.Judgment to be delivered on 26th November 2025 at 8:30 a.m. if no consent is reached
Jurisdiction invoked
Inherent powers under Section 3A of the Civil Procedure Act and Articles 159(2)(c), 50 and 189 of the Constitution

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, "Mecca & another (Suing on behalf of the Estate of Elizabeth Nasimiyu Nyongesa) v County Government of Trans Nzoia (Environment and Land Case E021 of 2023) [2025] KEELC 7352 (KLR)", Case Analysis (2025). Not stated in the judgment text (ELC Kitale suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7352/eng@2025-10-29

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