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ELCOtherEnvironment and Land Case 110 of 2015· [2026] KEELC 669 (KLR)

Wirell v Chepkosgey (Environment and Land Case 110 of 2015) [2026] KEELC 669 (KLR)

Environment and Land Court
12 February 2026
6,397 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The plaintiff sued the defendant seeking severance of the joint ownership of land parcel Eldoret Municipality Block 14/360, a declaration that he was the sole beneficial owner and that the defendant held the property in trust for him, an order that the property be sold to repay a mortgage owed to Nordea Bank in Sweden, and an account of household goods worth Kshs 5,000,000. The defendant, who cohabited with the plaintiff, opposed the suit and counter-claimed for equal partition of the property with an option to buy out the plaintiff. The court noted that the matter had been referred to court-annexed mediation, in which six partial mediation settlement agreements were signed and adopted as court orders by Odeny J on November 20, 2019. The agreements recorded joint ownership, the purchase price and payments, equal partition of the property, and buy-out options with valuation by the county valuer. Only three issues remained unresolved: whether there was a loan due and whether it should be deducted on sale; each party's contribution; and costs. The court held that the first two issues had been determined by the adopted mediation agreements and that reopening them would amount to varying the court orders of November 20, 2019 without basis. Relying on Section 36 of the Civil Procedure (Court Annexed Mediation) Rules, 2022 and Alios Finance Kenya Limited v Country Farms Limited, the court found the adopted settlement agreements final and binding. The parties were directed to comply with the 4th and 5th Partial Settlement Agreements within 90 days, and each party was ordered to bear their own costs.

Key legal issues

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01

Whether the loan claimed by the plaintiff should be taken into account if and when the property is sold

Holding

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

Reasoning

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.

p. 12
02

Whether each party's contribution should be taken into account if and when the property is sold

Holding

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

Reasoning

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.

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Who should bear the costs of the suit

Holding

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

Reasoning

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.

p. 14

Legal principles established

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  • 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

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  1. 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. 2.Each party to bear their own costs of the suit

Authorities

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Legislation

  • Civil Procedure (Court Annexed Mediation) Rules, 2022Section 36

Cases cited (1)

  • Alios Finance Kenya Limited v Country Farms Limited (Civil Appeal E005 of 2020) [2022] KEHC 11012 (KLR)
    Civil Appeal E005 of 2020, [2022] KEHC 11012 (KLR)
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

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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, "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.