Billhouse Investments Limited v Tanui & another (Environment and Land Case E028 of 2025) [2026] KEELC 1723 (KLR)
The bottom line
#A Kshs 17.7 million out-of-court settlement over 10 hectares of Nandi land was made binding by the Environment and Land Court, ending all claims.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application dated 21st November 2025 seeking joinder of Stephen Kipkorir Ngetich as interested party and an interim injunction had been rendered moot by the consent of the parties
- 2.Whether the consent dated 9th December 2025 signed by counsel for all parties should be adopted as an order of the court
Key legal issues
#Effect of a consent signed by counsel for all parties
The consent dated 9th December 2025 was adopted as the order of the court, settling the entire matter including the pending application
Counsel for the plaintiff/respondent drew the court's attention to the consent signed by all counsel and urged its adoption; counsel for the interested party affirmed the proposal. The court subscribed to the decision in Otieno & another vs Bodo, which approved Harris J's holding in Kenya Commercial Bank Ltd vs Specialized Engineering Co Ltd that a consent order entered into by counsel is binding on all parties. The court accordingly adopted the consent as its order.
Legal principles established
#- A consent order entered into by counsel is binding on all parties
Court orders
#- 1.The Consent dated 9th December 2025 is adopted as the order of the court
- 2.The Defendant/Respondent, Stephen Kipkorir Ngetich, to be compensated by payment of Kshs. 17,700,000/- (Kshs. 17,100,000/- to his Cooperative Bank account and Kshs. 600,000/- to Chebii & Co. Advocates client account)
- 3.The suit land Nandi/Kipkaren Settlement/952 measuring 10 hectares, currently registered in the name of Billhouse Investment Limited, is agreed to wholly belong to Billhouse Investment Limited
- 4.Neither the Plaintiff nor the Defendant shall now or in the future lay any claim upon the suit property upon execution of the consent
- 5.Upon full refund of the sums mentioned, the matter to be marked as fully settled and each party to bear their own costs of suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original civil jurisdiction over the land dispute (the suit land Nandi/Kipkaren Settlement Scheme/952); no specific provision cited
Relief refused
#Interim injunction restraining the plaintiff from evicting the interested party from Nandi/Kipkaren Settlement Scheme/952 pending hearing of the application
The application was determined by the parties' consent settling the entire matter, which was adopted as the court's order
Costs
Each party shall bear their own costs of suit
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Thus, the said Consent dated 9th December 2025 is hereby adopted as the order of this court accordingly.
That upon the full refund of the sum mentioned in clause 2 herein above, this matter shall be marked as fully settled and each party shall bear their own costs of suit.
A consent order entered into by counsel is binding on all parties………
That neither the Plaintifi nor the Defendant shall now or in the future lay any claim upon the suit property herein upon the execution of his consent.
Issues in the judgment
#The case title/number of the underlying suit is not stated anywhere in the judgment, and counsel for the plaintiff is referred to as 'Mr. Kipruto Maritim' in the appearance list though the firm is given as 'Kipruto Maritim and Company Advocates'; the judgment also contains typographical errors (e.g. 'Plaintifi', 'Hactares', 'his consent')
The consent refers to 'the intended 3rd party herein' (Billhouse Investment Limited), a party designation not otherwise explained in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Billhouse Investments Limited v Tanui & another (Environment and Land Case E028 of 2025) [2026] KEELC 1723 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1723/eng@2026-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.