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ELCAllowedNot stated in the judgment· [2026] KEELC 4010 (KLR)
Jepkoech alias Milcah Jepkoech v Chelugui & another (Environment and Land Case E038 of 2022) [2026] KEELC 4010 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This Environment and Land Court judgment at Kapsabet, delivered by Hon. George M.A. Ongondo, Judge, on 30th June 2026, adopted a court-annexed mediation settlement agreement as the judgment of the court. The plaintiff had sued by a plaint dated 14th November 2022, amended 25th April 2024, seeking declarations that the suit land Nandi/Kamoiywo/1282 (referred to as Nandi/Kamoiywo/1280 in the plaint) belongs to the plaintiff, that the 2nd defendant is a trespasser, eviction, a permanent injunction, general damages for trespass and mesne profits, and costs. The defendants filed a joint defence and counterclaim dated 23rd February 2025 seeking registration of the 2nd defendant as proprietor of 1.8 acres of the suit land. Pursuant to the parties' mutual agreement of 15th October 2025, the matter was referred to court-annexed mediation under Article 159(2)(c) of the Constitution and the Civil Procedure (Court-Annexed Mediation) Rules 2022, resulting in a settlement agreement dated 30th January 2026 by mediator Mildred Chelimo, signed by the parties and witnesses. The agreement recorded the land as measuring 2 acres, with 3 points already sold leaving 1.7 acres, and provided for survey, removal of the road reserve, and subdivision of the remainder into two equal portions for the plaintiff and 2nd defendant (approximately 8 points each), with each party bearing its own survey fees. Relying on the Supreme Court's decision in Geofrey M. Asanyo and section 59B(4) of the Civil Procedure Act, the court adopted the settlement and entered judgment in its terms. No appeal lies against such an agreement.
Key legal issues
#01
Whether the court-annexed mediation settlement agreement dated 30th January 2026 should be adopted as the judgment of the court
Holding
The court found the parties voluntarily entered into and duly signed the settlement agreement, and adopted it as judgment, entering judgment in its terms.
Reasoning
The court noted the matter was referred to mediation under Article 159(2)(c) and the Civil Procedure (Court-Annexed Mediation) Rules 2022. Citing the Supreme Court in Geofrey M. Asanyo, it held a consent becomes a court order once formally adopted, and under section 59B(4) of the Civil Procedure Act such a registered mediation agreement is enforceable as a judgment. Both counsel urged adoption, so the court approved the settlement and entered judgment in its terms.
p. 2
Legal principles established
#- A consent or settlement agreement between parties becomes an order of the court only once it has been formally adopted by the court.
- A mediation settlement agreement recorded in writing and registered with the court is enforceable as if it were a judgment of that court, and no appeal lies against it.
Court orders
#- 1.The settlement agreement dated 30th January 2026 is adopted as judgment of the court
- 2.Judgment is entered in terms of the settlement agreement dated 30th January 2026, including that the land measures 2 acres, 3 points were sold leaving 1.7 acres, a surveyor to measure the purchasers' 3 points, remove the road portion and subdivide the remaining portion into 2 equal parts, the Plaintiff and 2nd Defendant to take the 2 equal portions (approximately 8 points each), and each party to bear its own survey fees
- Jurisdiction invoked
- Article 159(2)(c) of the Constitution of Kenya 2010 and sections 59B(4) and (5) of the Civil Procedure Act (Cap 21), read with the Civil Procedure (Court-Annexed Mediation) Rules 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jepkoech alias Milcah Jepkoech v Chelugui & another (Environment and Land Case E038 of 2022) [2026] KEELC 4010 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4010/eng@2026-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.