Kipyegon v Chumo & another (Environment and Land Case 10 of 2020) [2025] KEELC 8020 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the application dated 15th October, 2024 seeking implementation of the partial mediation agreement has merit
The application is misconceived, not well thought out and an abuse of the Court process; it was dismissed with costs.
The partial mediation agreement had been adopted as an order of the Court on 16th March, 2023 and needed no further application for implementation. The prayers did not correspond to specific terms of the agreement. Several prayers sought orders for the benefit of 'seven siblings' who are neither parties to the suit nor identified. Prayers 7 and 8 concerned issues parties failed to agree on during mediation, which are matters for litigation, amendment or a fresh suit. The application therefore constituted an abuse of process.
The 1st Defendant's preliminary objection on the affidavit sworn by Counsel (Order 19 of the Civil Procedure Rules)
The Court declined to determine the preliminary objection because no directions for its hearing were ever sought or issued.
The 1st Defendant filed a preliminary objection dated 8th November, 2024 challenging the affidavit sworn by the Plaintiff's Counsel as offending Order 19 of the Civil Procedure Rules. However, no directions as to the hearing of the preliminary objection were taken or issued, so the Court did not rule on it.
The 2nd Defendant's submission that the joinder application dated 10th November, 2023 should be heard first
The Court did not accept that the pending joinder application barred determination of the application before it, finding instead that the application itself was an abuse of process.
The 2nd Defendant argued that the joinder application by proposed Interested Parties should be determined first since they were instrumental to implementation of the mediation agreement. The Court did not decide the sequencing question, instead concluding that the implementation application was unnecessary because the mediation agreement was already a Court order, and that unresolved issues should be litigated separately.
Legal principles established
#- Once a mediated settlement agreement is adopted as an order of the Court, a party need not file a further application seeking its implementation; the order should simply be executed.
- Issues not agreed upon in a partial mediation settlement remain subject to litigation, and new issues arising during mediation should be raised by amendment of pleadings or a fresh suit.
- Costs follow the event under Section 27 of the Civil Procedure Act; a successful party should ordinarily be awarded costs unless the Court for good reason directs otherwise.
Court orders
#- 1.The Plaintiff/Applicant's application dated 15th October, 2024 is dismissed with costs.
- Jurisdiction invoked
- Sections 1, 1A, 1B & 3A of the Civil Procedure Act, Order 12 Rule 7 & Order 51 of the Civil Procedure Rules and Article 159 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kipyegon v Chumo & another (Environment and Land Case 10 of 2020) [2025] KEELC 8020 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8020/eng@2025-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.