Wirell v Chepkosgey (Environment and Land Case 110 of 2015) [2026] KEELC 669 (KLR)
The bottom line
#A Kenyan court ruled that once you sign a mediation settlement, you cannot reopen the same dispute in fresh litigation — the deal sticks.
What this practically means
#Executive summary
#Key legal issues
#Whether the loan claimed by the plaintiff should be taken into account if and when the property is sold
The issue was untenable because allowing it would vary the mediation settlement agreement adopted as a court order, which directed equal partition of the property
The 4th partial mediation settlement agreement directed that the joint ownership be severed and the property partitioned equally. The court held that directing the loan to be deducted from the sale proceeds would vary that order. Further, although there may have been a loan, its purpose was not clear and the plaintiff conceded the bank statements did not show a transfer to the defendant's account at Imperial Bank.
Whether each party's contribution should be taken into account if and when the property is sold
The issue was already sufficiently handled by the 2nd Partial Mediation Settlement Agreement and varied by the 4th, which resolved equal partition; it could not be reopened
The 2nd partial mediation agreement recorded the purchase price and payments; the 4th directed equal partition with buy-out options. Both agreements were signed by the parties and their advocates and adopted as court orders. Section 36 of the Civil Procedure (Court Annexed Mediation) Rules, 2022 makes such adopted agreements enforceable as decrees, and no appeal lies against them.
Who should bear the costs of the suit
Although the general rule is that costs follow the event, the court directed each party to bear their own costs given the nature and circumstances of the dispute
The court acknowledged the general rule that a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise. Considering the nature of the dispute - a personal relationship dispute resolved through mediation - the court departed from the general rule and ordered each party to bear their own costs.
Legal principles established
#- A mediation settlement agreement adopted by the court becomes a decree or order enforceable as any other order or decree of the court, and no appeal lies against it
- A party cannot escape a mediation settlement agreement which they fully participated in and signed, absent grounds of fraud, collusion or an agreement contrary to the policy of the court
- A party who signs six mediation settlement agreements adopted as court orders cannot later claim they are not binding on him
Court orders
#- 1.Parties are directed to fully comply with the provisions contained in the 4th and 5th Partial Settlement Agreements dated September 11, 2019 and October 11, 2019 respectively within 90 days from the date of the judgment
- 2.Each party to bear their own costs of the suit
- Jurisdiction invoked
- Original civil suit over land parcel Eldoret Municipality Block 14/360; court also enforcing mediation settlement agreements adopted as orders of the court under Section 36 of the Civil Procedure (Court Annexed Mediation) Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wirell v Chepkosgey (Environment and Land Case 110 of 2015) [2026] KEELC 669 (KLR)", Case Analysis (2026). Environment and Land Case 110 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/669/eng@2026-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.