Andrew Kithinji M'Ikiao v Respondents (5th Respondent named in judgment)

The court applied the settled principles in Flora N Wasike v Destimo Wambuku and Kenya Commercial Bank Ltd v Specialized Engineering Co Ltd that a consent order has contractual effect and can only be set aside on grounds justifying setting aside a contract, including fraud, collusion, or want of sufficient material facts. The applicant exhibited an official search dated 27/11/2025 showing the title remained in his name, a fact the respondents did not dispute. The respondents' statement that the property had been transferred was a material misrepresentation inducing the consent. The court therefore found proper grounds to vacate the consent and reinstate the stay application.

The applicant simultaneously sought reinstatement of his earlier stay application dated 15/8/2025 and final stay orders in the current motion. The court reasoned that the stay order sought in the current motion is the very order that would fall for consideration in the reinstated application, so hearing it twice would be duplicative. It accordingly directed that the stay plea be canvassed in the reinstated application and granted only the setting aside and reinstatement prayers.