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ELCDismissedNot stated in the ruling· [2026] KEELC 4053 (KLR)

Kirobon Farmers Co Ltd v Nyarangi & 7 others (Environment and Land Case 29 of 2017) [2026] KEELC 4053 (KLR)

Environment and Land Court
30 June 2026
2,784 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The court refused to stop an auction sale because the applicants' names were not on the title and they failed to overturn a consent they had agreed to.

What this practically means

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Executive summary

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The Objectors/Applicants, led by Erick Kiplang'at Cheruiyot, moved the Environment and Land Court at Nakuru by an application dated 15th December, 2025 seeking a stay of execution of a decree dated 13th March, 2025, together with warrants of attachment and an auction advertisement over LR. No Molo South Langwenda Block 17/148-153 (formerly Block 17/1), and a stay of any valuation or sale of the property. Costs had been taxed at Kshs. 2,345,027 in favour of the Defendant following a judgment of 21st June, 2022 declaring the Defendant the lawful owner of the suit land. The Applicants claimed to be registered owners of the subdivided parcels, alleged the execution targeted the wrong assets, and challenged the consent of 30th June, 2025 authorising the sale of trees on the land on the ground that the Plaintifi's advocates lacked authority. The Defendant, the Plaintifi and the interested party (the auctioneers) opposed, maintaining the execution was lawful. The court, L Komingoi J, applied Order 42 Rule 6 and the principles in Nyatera v Nyakundi, Wasike v Wamboko and Hirani v Kassam, holding that counsel for the Plaintifi was properly on record, the consent was regular and contractual in effect, the interested party followed due process, and the Applicants' names did not appear on the title. The application was dismissed with each party bearing their own costs.

Key legal issues

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01

Validity of the consent order dated 30th June, 2025 permitting sale of the trees in execution

Holding

The consent was regular; counsel on record for the Plaintifi was properly on record following a Notice of Change of Advocates, and the consent binds the parties

Reasoning

The court noted that on 11th March, 2025 the Plaintifi's counsel filed a Notice of Change of Advocates bringing the firm of Kipruto Gitau & Co. Advocates on record. Applying Wasike v Wamboko and Hirani v Kassam, a consent order has contractual effect and binds parties and those claiming under them unless set aside on grounds such as fraud, collusion or misapprehension of material facts. The applicants' claim of lack of board resolution did not displace the authority of counsel properly on record, so the consent was regular and valid.

p. 7
02

Whether the Applicants demonstrated sufficient cause for a stay of execution

Holding

No sufficient cause was shown; the interested party followed due process in executing the decree and the Applicants' names do not appear on the title

Reasoning

The court reviewed the record and found it undisputed that judgment was delivered on 21st June 2022 for the Defendant, costs were taxed at Kshs. 2,345,027, warrants were issued, and the sale of trees was sanctioned by consent. The interested party's execution steps - warrants, advertisement and valuation - were conducted lawfully. The register for the suit property did not bear the Applicants' names, and their assertion of reinstated titles was unsupported by any produced court order.

p. 7

Legal principles established

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  • A consent judgment or order has contractual effect and can only be set aside on grounds which would justify setting a contract aside
  • An order made in the presence and with the consent of counsel is binding on all parties and those claiming under them, and cannot be varied or discharged unless obtained by fraud, collusion, misapprehension or ignorance of material facts
  • An applicant seeking stay of execution must establish sufficient cause, substantial loss, and willingness to furnish security

Court orders

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  1. 1.The application dated 15th December, 2025 is dismissed
  2. 2.Each party shall bear their own costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 22 Rule 51(1)
  • Civil Procedure RulesOrder 42 Rule 6(1) and (2)
  • Civil Procedure ActSection 6

Cases cited (6)

  • Shivji Naran Virji V Ogla Jemeli Baring'otuny
    [2021] eKLR
  • Assia Pharmaceuticals V Nairobi Veterinary Centre Ltd
    Nairobi (Milimani) HCCC No. 391 of 2000
  • Board of Trustees National Social Security Fund V Micheal Mvalo
    [2015] eKLR
  • Nyatera V Nyakundi
    (Civil Appeal E033 of 2022) [2023] KEHC 3086 (KLR)
  • Flora N. Wasike Vs Destimo Wamboko
    (1982-1988) IKAR 625
  • Hirani Vs Kassam
    (1992) EACA 131
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over a notice of objection/stay of execution application under the Civil Procedure Rules

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, "Kirobon Farmers Co Ltd v Nyarangi & 7 others (Environment and Land Case 29 of 2017) [2026] KEELC 4053 (KLR)", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4053/eng@2026-06-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.